Starks v. Fairbanks

SACKETT, Judge.

The question we address is whether the payment of a judgment rendered in a dram shop action precludes plaintiff from recovery for damages for loss of spousal consortium against a tortfeasor as a result of the same accident. We determine damages for loss of spousal consortium were not included in the damages for which judgment was entered in the dram shop action and plaintiff was not precluded from recovery of those damages against the tortfeasor.

Raymond L. Stark, the husband of Catherine A. Stark, was killed on January 1, 1984 when the snowmobile he was driving struck a parked…