Legal Opinion

Fitzgerald v. Meissner & Hicks, Inc.

Wisconsin Supreme Court

Decided April 9, 1968PublishedCited by 73 opinions

1Opinion of the CourtBeilfuss, J.

The issues presented on this appeal are:

1. Does the rule of law recognizing a wife’s right to maintain a cause of action for loss of consortium as set forth in Moran v. Quality Aluminum, Casting Co., supra, have prospective or retrospective application?

2. Must a wife claiming loss of consortium, because of an injury to her husband, join her cause of action with an action by her husband for his personal injuries?

The general rule adhered to by this court is the “Black-stonian Doctrine.” This doctrine provides that a decision which overrules or repudiates an earlier decision is retrospective in…

2Cases cited13 opinions

  1. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  2. Bielski v. SchulzeWisconsin Supreme Court · 1962
  3. Goller v. WhiteWisconsin Supreme Court · 1963
  4. McConville v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1962
  5. Kojis v. Doctors HospitalWisconsin Supreme Court · 1961

8 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
  2. Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
  3. Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
  4. Charolais Breeding Ranches, Ltd. v. FPC Securities Corp.Court of Appeals of Wisconsin · 1979
  5. Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973

68 more not listed; retrieve them via the Exa API.

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