Legal Opinion · Dissent

Whitney v. Fisher

Supreme Court of Vermont

Decided June 16, 1980No. 144-79Published

1DissentBarney, C.J.

For the reasons so cogently stated by Chief Justice Schaefer dissenting in Dini v. Naiditck, 20 Ill. 2d 406, 431, 170 N.E.2d 881, 893 (1960), and cited in Baldwin v. State, 125 Vt. 317, 320, 215 A.2d 492, 494 (1965), I do not favor the concept of consortium damages as a separate item of recovery. Moreover, I find no compelling justification for dis-affirming the holding in McAdam v. Wrisley, 134 Vt. 19, 20, 349 A.2d 886 (1975), particularly since this accident preceded both the enactment of 12 V.S.A. § 5431 (authorizing actions for loss of consortium by either spouse), and the McAdam holding.…

2Cases cited4 opinions

  1. Dini v. NaiditchIllinois Supreme Court · 1960
  2. Baldwin v. StateSupreme Court of Vermont · 1965
  3. McAdam v. WrisleySupreme Court of Vermont · 1975
  4. Woods v. ShumwaySupreme Court of Vermont · 1976

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