Legal Opinion
Buckley v. National Freight, Inc.
New York Court of Appeals
Decided June 10, 1997PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
In this appeal, we are called upon to determine the effect of the settlement of a personal injury claim upon a claim for loss of consortium by the injured party’s spouse. We hold that an action for loss of consortium, which arises out of an injury to the marital relationship, should be joined with the main action by the impaired spouse whenever possible. 1 Because the loss of consortium claim in this case could have been commenced and joined with the impaired spouse’s claim prior to settlement, we hold that the impaired spouse’s release bars plaintiff from…
2Cases cited42 opinions
- Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
- Whittlesey v. MillerTexas Supreme Court · 1978
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Deems v. Western Maryland Railway Co.Court of Appeals of Maryland · 1967
- Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
37 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Pinto v. AnconaAppellate Division of the Supreme Court of the State of New York · 1999
- Moore v. EwingAppellate Division of the Supreme Court of the State of New York · 2004
- Musorofiti v. VlcekConnecticut Appellate Court · 2001
- Voris v. MolinaroSupreme Court of Connecticut · 2011
- Desjarlais v. USAA Insurance Co.Supreme Court of Rhode Island · 2003
18 more not listed; retrieve them via the Exa API.