Plain v. Plain

Otis, Justice.

Plaintiff seeks to recover damages from his wife for loss of consortium resulting from her own negligence. In the same action her children sue for loss of services and companionship. The trial court denied the mother’s motion to strike these claims from the pleadings under Rule 12, Rules of Civil Procedure, but certified the question as important and doubtful.

We reverse.

Since there has been no trial the allegations of the complaint, for purposes of a Rule 12 motion, are taken as correct.

On or about June 8, 1973, on Highway No. 52 east of Donnybrook, North Dakota, defendant was…