Voris v. MolinaroAnnotate this Case
Plaintiff and his wife (Wife) sued Defendant for negligence and loss of consortium after Defendant's vehicle struck Plaintiff's vehicle and injured Wife. Wife subsequently withdrew her claims pursuant to a settlement agreement she entered into with Defendant, and Plaintiff withdrew his negligence claim. The trial court rendered judgment for Defendant on Plaintiff's remaining claim, concluding that Plaintiff's loss of consortium claim was barred by the settlement of Wife's negligence claim. The Supreme Court affirmed, holding (1) pursuant to legally binding precedent, because a consortium claim is derivative of the injured spouse's cause of action, the consortium claim is barred when the suit brought by the injured spouse has been terminated by settlement; and (2) strong policy reasons support the application of this rule to claims such as Plaintiff's.