Loss of Consortium

October 14, 2018

Appeals Court in California Discusses Loss of Consortium Claims

Photo Credit: Africa Studio / Shutterstock.com

When someone is injured due to the fault of another, there are a number of different kinds of damages that can be claimed in California. One kind of damages is “loss of consortium.” Rather than being brought by the injured person themselves, loss of consortium is a claim brought by their spouse. Loss of consortium is the loss of companionship, assistance, care, affection, moral support, and/or intimacy. Essentially, the spouse has been injured by the tortfeasor in that they do not have all of the services and companionship of their spouse due to the injuries they have suffered. Your knowledgeable California personal injury attorney can help you to determine whether you or your spouse may be able to recover damages for loss of consortium.

Loss of Consortium

July 19, 2017

California Appeals Court Upholds Damages for Plaintiff In Pedestrian/Vehicle Collision Case

by Neumann Law Group

A pedestrian sued a driver for negligence following a collision between them in which the pedestrian was injured. Before trial, the parties stipulated that the driver was negligent. Therefore, the only issue for the jury to decide was damages. The jury found that the driver’s negligence was a substantial factor in the harm suffered by the pedestrian and returned a verdict of $16,800. After costs and fees, the trial court entered a net judgment for the plaintiff in the amount of $876.85.On appeal, the plaintiff challenged an in limine ruling that excluded evidence. She sought a reversal of the exclusionary ruling and a retrial on the issue of emotional harm and damages. The California Court of Appeal for the Second District disagreed and affirmed.The plaintiff first argued on appeal that the trial court erred by excluding evidence of the defendant’s failure to stop, render aid, and identify herself in violation of sections 20001 and 20003 of the Vehicle Code. Disagreeing, the appeals court first explained that the statutory requirement that drivers of cars involved in crashes resulting in injuries or death must stop and render aid was enacted to protect people injured in an accident and was designed to prohibit drivers from leaving people in distress and danger. These acts are required by all drivers of vehicles involved in accidents causing injuries or death, whether or not they are responsible.

May 10, 2017

California Appeals Court Finds Genuine Factual Dispute Regarding Applicability of “Going and Coming” Rule

by Neumann Law Group

A California appellate court recently reversed a trial court’s order granting summary judgment to a defendant employer in a workplace negligence action. The Fourth District Court of Appeals reasoned that it could not state as a matter of law that the employee was not on a business errand while commuting from his home to the employer’s yard.

In October 2010, the employer employed the worker as a cement/mason finisher. His job duties entailed setting forms, placing concrete, and smoothing it out once it set. He received an hourly wage for an eight-hour shift, which began and ended at the job site where he performed his work. The employer had a contract to install a new center median at a job site on the 710 freeway.

May 3, 2017

California Appeals Court Declines to Recognize Child’s Cause of Action for Loss of Parental Consortium

by Neumann Law Group

In October 2013, a victim’s car collided with an off-duty ambulance. The victim suffered a traumatic brain injury, along with other injuries. The victim’s infant daughter brought suit for loss of parental consortium against a number of defendants. The defendants demurred to her claim on the ground that a loss of consortium claim may not be maintained by a minor for injuries to a parent, pursuant to California precedent. The trial court sustained the demurrers without leave to amend and dismissed the complaint. The child appealed. Reasoning that it was bound by the principles of stare decisis, the California Appeals Court for the Second Appellate District affirmed the lower court’s decision.The appeal concerned a single question: whether California should reconsider a long-standing precedent established by the California Supreme Court in 1977 in Borer v. American Airlines. In Borer, the state high court declined to recognize a child’s cause of action for the loss of parental consortium. Then, a mother was injured by a falling light fixture in an airline terminal. Her children brought suit against American Airlines for the loss of her services, affection, guidance, and companionship. The lower court sustained the airline’s demurrer to the complaint, and the appeals court affirmed.