Burke v. L & J Food & Liquor, Inc.

LOWENSTEIN, Judge.

The primary issue presented in this appeal from the grant of summary judgment is whether the conservator of an injured person, in settling a personal injury claim against a tortfeasor may also, without obtaining the assent of the injured person’s spouse, release the derivative loss of consortium claim of the spouse?

The facts here are somewhat unusual. Frederick Burke was an employee of the respondent L & J Food and Liquor. Respondents, Larry Marshall and Joseph Gim-alva, own the respondent corporation, L & J. Burke, while on duty at the store on January 3, 1993, was beaten…