Josephine Miskunas v. Union Carbide Corporation

Josephine Miskunas, plaintiff, has appealed from a final judgment of the district court dismissing her action for loss of consortium. The action is for damages to her marriage resulting from injuries to her husband which she alleges deprived her of his “society, services, companionship and consortium”. The district court held that under Indiana law a wife cannot maintain an action for loss of her husband’s society, companionship, affection and conjugal relationship occasioned by personal injuries to her husband. In the district court and on appeal plaintiff has argued that that application of…