Dini v. Naiditch

I do not agree with the conclusion of the majority upon the question of the right of Elizabeth Dini to recover for loss of consortium. When the opinion is analyzed, it appears that the principal reason advanced for allowing the wife to recover is that a comparable action in favor of the husband had developed at early common law. The opinion recites the familiar history of that development, and convincingly demonstrates that the social and economic conditions which gave rise to the husband’s action have no relevance today. Nevertheless, apparently in order to achieve a kind of symmetry, the…