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Law and Gender

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Cleveland State University

Journal

1968

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Wife's Action For Loss Of Consortium, Keith E. Spero Jan 1968

Wife's Action For Loss Of Consortium, Keith E. Spero

Cleveland State Law Review

Legal writers have long maintained that a wife should be allowed to bring an action for loss of consortium, even though the injury to her husband was due to the negligence-as opposed to the intentional misconduct-of the defendant. Most courts have traditionally held, however, that a wife has no such cause of action, advancing such reasons as a fear that the injury to the wife is too remote or indirect, that to allow the action would result in a double recovery to husband and wife for the same injury, and that since a wife has no legal right to her …