Tchimayan v. Toscano

WALSH, J.,

Defendant has filed amotion for judgment on the pleadings asserting that spouses have no cause of action for loss of consortium under the Pennsylvania No-fault Motor Vehicle Insurance Act.1 We disagree and deny the motion.

*535Plaintiffs, husband and wife, have instituted an action in trespass for damages resulting from defendant’s alleged negligent operation of an automobile. Wife-plaintiff’s claim is based upon deprivation of the “assistance, service, comfort and society” of her husband who allegedly received physical injuries.

Under section 301 of the act, a person remains liable for…