Legal Opinion · Dissent

Gates v. Foley

District Court of Appeal of Florida

Decided March 20, 1970No. 69-209Published

1DissentWalden, Judge

(dissenting) :

The basic question is whether a wife is entitled to be compensated for loss of consortium where her husband has been negligently injured by a defendant. Thus far in Florida such recovery has been denied. In light of the trends and present concepts of jurisprudence, I suggest that it is time for the proposition to be freshly reviewed and such damages allowed. This change would strike down an unreasonable and discriminatory classification by sex and afford wives the equal protection- of law. It would accord with the intendment of U. S. Const. Amend. XIV § 1, Fla.Const. art. 1, §§…

2Cases cited3 opinions

  1. Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
  2. Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
  3. Steinmetz v. Dworkin Truck Lines, Inc.Cuyahoga County Common Pleas Court · 1968

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