Fenster v. Gulf States Ceramic

Pannell, Judge.

A husband sued his wife’s employer seeking damages for loss of consortium. The employer denied liability and on motion for summary judgment it was shown that the wife had received compensation for her injuries under the Workmen’s Compensation Act of this State. Based upon this fact, the trial judge granted the defendant’s motion for summary judgment and the plaintiff husband appealed.

The question here is whether a husband, not dependent upon the wife under Code § 114-414 (b), is precluded from recovering for loss of consortium occasioned by injuries received by the wife as a…