Legal Opinion
Diaz v. Eli Lilly & Co.
Massachusetts Supreme Judicial Court
Decided October 10, 1973PublishedCited by 157 opinions
1Opinion of the CourtKaplan, J.
A spouse suffers bodily injuries through the negligence of a third party. Does the other spouse have a claim against the tortfeasor for a loss of consortium that results from the injuries? The present appeal provides us with an opportunity to reconsider this question 1 upon which the common law has spoken in recent years with exceptional vigor.
The case arises on the pleadings. Milagros Diaz alleges in her declaration in one count 2 that she is the wife of Jose Santos Diaz; that the defendant Eli Lilly and Company is the manufacturer and merchant of a fungicide called “Parnon”; that Jose made…
2Cases cited45 opinions
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
- Deems v. Western Maryland Railway Co.Court of Appeals of Maryland · 1967
- Montgomery v. StephanMichigan Supreme Court · 1960
- Gaudette v. WebbMassachusetts Supreme Judicial Court · 1972
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3Cited by157 opinions
- Agis v. Howard Johnson Co.Massachusetts Supreme Judicial Court · 1976
- Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
- Whitinsville Plaza, Inc. v. KotseasMassachusetts Supreme Judicial Court · 1979
- Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
- Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980
152 more not listed; retrieve them via the Exa API.