Legal Opinion

Huffer v. Kozitza

Supreme Court of Minnesota

Decided October 25, 1985No. C3-84-1636PublishedCited by 26 opinions

1Opinion of the Court

SIMONETT, Justice.

We affirm the ruling of the court of appeals that a spouse’s cause of action for loss of consortium is not precluded when the other spouse settles his or her personal injury claim separately.

Richard Huffer was in an auto accident in December 1979 and, as a consequence, had a personal injury claim against Jeffrey Kozitza, the driver of the other vehicle. After the accident, the Huffer marriage deteriorated and Carolyn commenced a divorce proceeding. Notwithstanding the pending divorce, Carolyn felt she had sustained a loss of consortium, and her attorney wrote a letter to the…

2Cases cited4 opinions

  1. Whittlesey v. MillerTexas Supreme Court · 1978
  2. Thill v. Modern Erecting Co.Supreme Court of Minnesota · 1969
  3. Rosander v. Copco Steel & Engineering Co.Indiana Court of Appeals · 1982
  4. Huffer v. KozitzaCourt of Appeals of Minnesota · 1985

3Cited by26 opinions

  1. Wirig v. Kinney Shoe Corp.Supreme Court of Minnesota · 1990
  2. Brunsting v. Lutsen Mountains Corp.Court of Appeals for the Eighth Circuit · 2010
  3. Schweich v. Ziegler, Inc.Supreme Court of Minnesota · 1990
  4. Manzitti v. AmslerSupreme Court of Pennsylvania · 1988
  5. Buckley v. National Freight, Inc.New York Court of Appeals · 1997

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