Margaret England v. Dana Corporation

DUFFY, Senior Circuit Judge.

This suit was a common law action for damages for alleged loss of support and consortium brought by a wife against her husband’s employer, Dana Corporation, arising from personal injuries which the husband suffered and which arose out of and in the course of his employment.

The District Court considered defendant’s motion for summary judgment as a motion to dismiss and granted same. The Court dismissed the action for failure of plaintiff’s amended complaint to state a claim upon which relief could be granted. Plaintiff appeals from the order of dismissal.

Plaintiff’s…