Jenkins v. State Farm Mutual Automobile Insurance Co.

The main opinion reverses the summary judgment on the basis of the argument that, even though Mrs. Jenkins’s loss-of-consortium claim is a derivative claim that arises from the injury to her husband, nonetheless it was not extinguished by her husband’s settling his claim because Alabama law considers her claim to be her separate property right. I must respectfully dissent from that holding because Mrs. Jenkins never presented that argument to the trial court. Although we review a summary judgment de novo, nonetheless, we “‘can consider an argument against the validity of a summary judgment…