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loss of consortium
4 similar searches for loss of consortium
8.692 documents for loss of consortium
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A Chapter 7 debtor could not obtain a bankruptcy discharge of a $300,000 award for loss of consortium stemming from the attempted murder of his ex-wife, the 7th Circuit has ruled in affirming judgment. The debtor received life imprisonment after he beat his ex-wife with a baseball bat and stuffed her in a garbage can filled with snow. The woman survived the attack and sued the debtor for personal injury. A state court awarded her $3.4 million. In addition, the woman's current husband and children received $300,000 for loss of consortium.
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Here's one for personal injury lawyers. Suppose a disabled man's wife is injured in an accident and can no longer assist him in his daily care. Can he recover the cost of professional caretaker services when suing for loss of consortium?
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A $1 million damage award for a husband's loss-of-consortium claim is too much -- particularly when the wife received just $186,400 for her injury, a federal appeals court said Wednesday. As the 8th U.S. Circuit Court of Appeals remanded Calvin Kingman's claim against Dillard's Inc. to the federal district court in Kansas City, it instructed the lower court to reconsider its judgment.
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A husband's claim for loss of consortium was barred by his wife's settlement of her underlying negligence claim, the Connecticut Supreme Court has ruled in affirming a dismissal. The plaintiff's wife suffered severe injuries in an automobile accident with the defendant. In the same action, the wife sued the defendant for negligence and the plaintiff sued for loss of consortium. Subsequently, the wife settled with the defendant and withdrew her negligence claim.
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Parker discusses the refusal of the Tennessee Supreme Court to adopt a cause of action for loss of parental consortium in personal injury cases. In Taylor v. Beard, the court held that such a cause of action should be left to the legislature.
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Trial court did not err by entering summary judgment in favor of defendants on plaintiffs claims of medical malpractice and loss of consortium where the record contained no expert testimony that defendants conduct fell below the applicable standard of care.
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A grandmother couldn't recover damages for loss of consortium in the wrongful death of a grandchild for whom she was appointed the legal guardian, the Kentucky Court of Appeals has ruled in affirming judgment. The plaintiff was appointed the legal guardian of her granddaughter after her daughter was sent to prison, and raised the granddaughter from infancy. When the child was nine years old she was struck and killed by the defendant's truck while attempting to cross a street to board a school bus.
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In a frank assessment of a debacle involving a clothing rack at Dillard's, a federal judge in Kansas City awarded most of a $1.2 million judgment to the plaintiff's quadriplegic husband for his loss-of-caregiver claim. While U.S. District Judge Howard Sachs conceded the plaintiffs, Paula and Calvin Kingman, "have been extremely accident prone," the judge ruled enough medical evidence existed to prove that Paula suffered permanent shoulder injuries after a high-hanging rack of apparel fell on her. The rack crash happened in November 2004 at a Dillard's store at Metro North Mall in Kansas City.
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A husband's loss-of-consortium claim is not barred by a release signed by his wife in settling a personal injury lawsuit, the Nebraska Supreme Court has ruled. A woman was injured as the result of a slip-and-fall accident at a restaurant and sued. She settled her claim against the restaurant and signed a document captioned "Release of All Claims." Her husband then brought a loss-of-consortium claim, which the restaurant argued was barred by the terms of the release.
