Lurie v. Mammone

The plaintiffs in this action are husband and wife. The husband’s cause of action is for damages resulting from the alleged negligence of defendants. The wife’s cause of action is based on the fact that she ‘ ‘ has been deprived of the services of her said husband and of his society, companionship and consortium.” This motion is to dismiss the wife’s cause of action for insufficiency.

It is generally stated that an action of this type may not be maintained by the wife. (3 Restatement, Torts, § 695; 41" C. J. S., Husband and Wife, | 404; Note, 5 A. L. R. 1049,1050.) Decisions to this effect…