Lantis v. Condon

Opinion

POCHE, J.

This is a loss of consortium case where the trial judge reduced plaintiff’s recovery by the proportion of negligence attributable to her spouse, We hold that to be error because: (1) contributory negligence may not be imputed merely on the basis of a marital relationship, and (2) loss of consortium is not a derivative cause of action.

Anne is the wife of Mack Leroy Lantis. Mack was seriously injured in a collision between two trucks, one of which was driven by him. Mack brought suit against respondents, the owners and operators of the other truck, to recover damages sustained…