Tate v. Derifield

ANDREASEN, Justice.

Plaintiff appeals from the district court’s dismissal of her action for damages for loss of spousal consortium. The district court dismissed plaintiffs action ruling that loss of consortium was a derivative claim and could not be brought absent an action by the injured spouse. For reasons stated in this opinion, we affirm.

I. Background.

Denise Tate (Tate) filed a petition seeking damages for loss of consortium resulting from her husband’s incarceration. The petition named Roxanne Derifield and the TriCounty Drug Task Force (Task Force) as defendants. The Task Force is an…