Butcher v. Superior Court

Opinion

TROTTER, J. *

This case involves a unique and interesting issue: whether the “spouse” in a nonmarital cohabitation arrangement may state a cause of action for loss of consortium when the other “spouse” is injured by a third party.

Facts

Paul Forte was walking across the street when he was allegedly struck by Ralph Butcher’s Volkswagen. Paul suffered a fractured neck, forearm and leg, and a severe cerebral contusion. Paul sued Butcher for personal injuries. Cindy Forte sued as Paul’s wife for loss of consortium with Paul.

In pretrial discovery, Butcher learned that Cindy and Paul did not…