This section contains the nature of the case and procedural background.

The Department was repairing a state highway when Garcia crashed his motorcycle into the construction site. Garcia suffered severe personal injuries and sued the state for negligence for failure safely and properly to warn motorists of the maintenance activities. A court-approved settlement was reached and a release discharging the state of claims of any kind was signed. The settlement agreement bound Minnie Garcia as guardian and conservator for Garcia, their heirs, next of kin, executors, personal representatives or assigns. Vivian, the mother, and guardian, then sued for all the minor children of Garcia for loss of parental consortium. The state sought summary judgment. The trial court granted summary judgment; children do not have a cause of action for loss of parental consortium. This appeal was filed. The facts for the two other cases were given in the casebook.

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