Legal Opinion
Potter v. Schafter
Supreme Judicial Court of Maine
Decided July 23, 1965PublishedCited by 25 opinions
1Opinion of the CourtMarden, J.
On appeal. Plaintiff Barry M. Potter was injured in a motor vehicle accident due to alleged negligence of the defendant. In a complaint to recover for his injuries, his wife, Sandra Potter joins and in Count II of the complaint seeks to recover for her loss of consortium occasioned by her husband’s injuries. Defendant’s motion to dismiss Count II was granted. Plaintiffs appeal.
At common law, upon which basis our judicature rests, the plaintiff-wife has no such cause of action. 27 Am. Jur., Husband and Wife, §§ 513, 514; Doe v. Roe, 82 Me. 503, 20 A. 83; Restatement, Torts, § 695, to which no…
2Cases cited10 opinions
- Novak v. Kansas City Transit, Inc.Supreme Court of Missouri · 1963
- Mo. Pac. Trans. Co. v. MillerSupreme Court of Arkansas · 1957
- Cooney v. MoomawDistrict Court, D. Nebraska · 1953
- Bedell v. ReaganSupreme Judicial Court of Maine · 1963
- Duffy v. Lipsman-Fulkerson & Co.District Court, D. Montana · 1961
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Deems v. Western Maryland Railway Co.Court of Appeals of Maryland · 1967
- Myrick v. JamesSupreme Judicial Court of Maine · 1982
- Thill v. Modern Erecting Co.Supreme Court of Minnesota · 1969
20 more not listed; retrieve them via the Exa API.