Law Commons^™

Wrongs To Us, Steven Schaus

Michigan Law Review

A huge number of tort suits in the United States are captioned Plaintiff & Spouse v. Defendant. Why? The answer is at once completely obvious and deeply puzzling. The plaintiff’s spouse is part of the case because, in almost every U.S. state, she has a claim against the defendant too—not for battery or negligence, as her spouse might, but for the loss of her spouse’s “consortium.” And yet, it’s not at all clear why a spouse should have a tort claim of this kind. A plaintiff who sues in tort, Judge Cardozo once explained, must always identify “ ‘a …

To Have And Not Hold: Applying The Discovery Rule To Loss Of Consortium Claims Stemming From Premarital, Latent Injuries, Paul D. Fancher

Vanderbilt Law Review

Joel Friedman had a slow growing tumor on his thoracic spine. Unfortunately, his doctors negligently failed to diagnose or treat it. Joel then married his wife, Jihane, with whom he initially had a fulfilling physical relationship.! As his illness progressed, however, Joel began experiencing erectile dysfunction.' Ultimately, he became completely impotent. When later testing disclosed Joel's undiagnosed tumor, the Friedmans became aware of their cause of action for medical malpractice.

Fortunately, our legal system provides some redress to Joel. The discovery rule protects his claim from the statute of limitations.8 Joel, however, is not the only victim in this case. …

Loss Of Consortium: Kentucky Should No Longer Prohibit A Child's Claim For Loss Of Parental Consortium Due To The Negligent Act Of A Third Party, Bruce Gehle

Kentucky Law Journal

No abstract provided.