Cruz v. Wright

ZIMMERMAN, Justice:

Plaintiff Lori Cruz appeals from the trial court’s dismissal of her claim for loss of consortium arising out of injuries suffered by her husband in an automobile accident caused by defendant Jed Wright. Her primary argument on appeal is that article I, section 11 of the Utah Constitution — the open courts provision — prevented the legislature from abolishing the husband’s common law cause of action for loss of consortium and that we should extend a parallel cause of action to the wife. We adhere to our prior decisions and hold that in passing the Married Women’s Act of…