Legal Opinion
Murphy v. Eli Lilly & Co.
New York Supreme Court
Decided December 1, 1989PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Thomas J. Lowery, Jr., J.
The defendants, Lilly, Abbott, Upjohn, Vale, Merck, and *24Squibb, seek an order granting partial summary judgment (CPLR 3212 [e]) dismissing the derivative claim of plaintiff Kevin Murphy for loss of consortium on the ground that the alleged tortious conduct which gave rise to his wife’s claim for personal injury occurred prior to the marriage.
The defendants’ motions for partial summary judgment must be granted. Damages for loss of consortium are not recoverable where, as here, the alleged wrongful conduct preceded the marriage. (Briggs v Butterfield…
2Cases cited6 opinions
- Rademacher v. TorbensenAppellate Division of the Supreme Court of the State of New York · 1939
- Briggs v. Julia L. Butterfield Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Walsh v. Armstrong World Industries, Inc.District Court, S.D. New York · 1988
- Enright v. Eli Lilly & Co.New York Supreme Court · 1988
- Piccirelli v. Johns-Manville Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1987
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3Cited by1 opinion
- Metauro v. Abbott LaboratoriesNew York Supreme Court · 1990