concurring in part and dissenting in part:
I agree with the majority that we should reverse the trial court’s dismissal of the Does’ negligent supervision claim, but I would also reinstate the loss of consortium claim. Like the majority, I would uphold the trial court’s dismissal of the negligent infliction of emotional distress claim and affirm the trial court’s dismissal of the breach of fiduciary duty claim and the breach of an In loco parentis claim. I have explained my reasoning for each of these conclusions using the order established in the majority opinion.
A. Negligent Infliction of Emotional Distress
I would affirm the dismissal of this cause of action for the reasons given by the majority.
B. Loss of Consortium
The trial judge held that South Carolina does not recognize a cause of action for the parents’ loss of their minor child’s consortium. The majority affirms. I respectfully disagree. As explained below, I believe this holding is based on a misapplication of the Court’s decision in Taylor v. Medenica, 324 S.C. 200, 479 S.E.2d 35 (1996).
At common law, a man could sue for loss of his wife’s consortium, but not vice-versa. Berry v. Myrick, 260 S.C. 68, 194 S.E.2d 240 (1973). Moreover, he could sue for loss of his minor child’s services and his companionship, that is, his consortium.3 E.g., Berger v. Charleston Consol. Ry. Gas & *74Elec. Co., 93 S.C. 372, 76 S.E. 1096 (1913) (action by father for past and future medical expenses, and loss of his injured child’s services); Webb v. Southern Ry. Co., 104 S.C. 89, 88 S.E. 297 (1916) (action by mother for loss of child’s services and companionship); see also Wright v. Colleton County, 301 S.C. 282, 289, 391 S.E.2d 564, 569 (1990) (“parent’s claims for loss of [child’s] services and [her] medical expenses are within the statutory definition of “loss” as contained in [tort claims act] ... ”). Just as the common law did not permit a wife to sue for loss of her husband’s consortium, it did not permit a child to sue for loss of parental services.
In 1969, the General Assembly enacted what is now S.C.Code Ann. § 15-75-20 (2005), in order to abrogate the common law rule that a wife had no claim for loss of her husband’s consortium. See Berry v. Myrick (“The obvious purpose of the General Assembly in enacting this provision was to extend to the wife the right to recover for the loss of consortium of her husband, which right existed only in favor of the husband under the common law”). In Taylor v. Medenica, the Court was asked to recognize a cause of action by a child for loss of parental consortium claim, a claim not cognizable under common law. The opinion states “By enacting [§ 15-75-20] the legislature has provided for loss of consortium actions for spouses. The statute has not been amended to provide for a similar cause of action for children. Whether South Carolina should recognize a cause of action for loss of parental consortium is a matter best left to the General Assembly.” Taylor v. Medenica merely holds that any extension of consortium claims beyond that permitted at common law should be left to the General Assembly, not as the majority would read it, that by enacting § 15-75-20 the General Assembly abolished the common law right of a parent to sue for loss of her child’s consortium.-
Since a parent has the right to sue for loss of her child’s consortium at common law,4 a right preserved under the South *75Carolina Tort Claims Act,5 I would reverse the trial court’s dismissal of the Does’ consortium claim.
C.Neglect Supervision
The trial court held the Does’ negligent supervision claim was proper, but noted that only medical expenses would be recoverable under this theory. See Wright v. Colleton County, supra. The trial court held, however, that the Does’ claim must be dismissed because they pleaded no such damages. I agree with the Does that they did plead these damages in paragraph 38 of their complaint. I would therefore reverse the dismissal of this claim.
D.Breach of Fiduciary Duty and Assumed Duty In Loco Parentis
The trial judge also dismissed the Does’ claims for breach of an assumed duty In loco parentis and breach of fiduciary duty, finding no such heightened duties exist in a school-student setting. The question of duty is one for the court. E.g., Houck v. State Farm Fire and Cas. Ins. Co., 366 S.C. 7, 620 S.E.2d 326 (2005). I can find no error in the trial court’s conclusion that these two heightened duties do not exist. I agree with the majority that we should affirm the dismissal of these two claims.
CONCLUSION
For the reasons given above, I concur in part and dissent in part.
. It may be that the difference between my view and that of the majority is one of definition, and I will readily acknowledge that *74"spousal consortium” includes conjugal elements obviously not included in "filial consortium.” I note the broadening of the term beyond the tort field in parental rights cases, where we have repeatedly spoken of a child’s right to his parent’s consortium. E.g. SCDSS v. Seegars, 367 S.C. 623, 627 S.E.2d 718 (2006).
. Webb v. Southern Ry. Co., supra.
. Wright v. Colleton County, supra.