Legal Opinion
Ash v. S. S. Mullen, Inc.
Washington Supreme Court
Decided September 25, 1953No. 32373PublishedCited by 50 opinions
1Opinion of the CourtHill, J.
Quaere: Can the wife of a workman injured by his employer’s negligence recover for her loss of consortium caused by the injury when the workman is one who is within the scope and protection of the Washington state workmen’s compensation act?
Answer: No.
Reason: The reason for the negative answer is two-fold:
First, the wife could not maintain such an action at common law, and no statute of this state gives her such a right. The almost universally recognized rule, as taken from 3 Restatement, Torts, § 695, is:
“A married woman is not entitled to recover from one who, by his tortious conduct…
2Cases cited13 opinions
- McVey v. Chesapeake & Potomac Telephone Co.West Virginia Supreme Court · 1927
- Cooney v. MoomawDistrict Court, D. Nebraska · 1953
- Guse v. A. O. Smith Corp.Wisconsin Supreme Court · 1952
- Holder v. Elms Hotel Co.Supreme Court of Missouri · 1936
- Collins v. Northwest Casualty Co.Washington Supreme Court · 1935
8 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Dini v. NaiditchIllinois Supreme Court · 1960
- Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
- Whittlesey v. MillerTexas Supreme Court · 1978
- Smither and Company, Inc. v. Franciska T. ColesCourt of Appeals for the D.C. Circuit · 1957
- Peter Igneri and Theresa Igneri v. Cie. De Transports OceaniquesCourt of Appeals for the Second Circuit · 1963
45 more not listed; retrieve them via the Exa API.