Mueller v. Tepler
Annotate this CaseAs a result of Defendants’ negligence, Margaret Mueller was mistakenly diagnosed with the incorrect type of cancer. Mueller and her domestic partner of twenty-one years, Charlotte Stacy, brought this medical malpractice action against Defendants, seeking damages for Mueller’s personal injuries and Stacey’s loss of consortium. The trial court granted Defendants’ motion to strike Stacey’s claims on the ground that Stacey and Mueller were not in a civil union or married before or during the dates of the negligent acts. The Appellate Court affirmed on the alternative ground that Plaintiffs failed to state a legally sufficient claim for loss of consortium because they had not alleged that they would have married or entered into a civil union before the dates of Defendants’ negligent acts if they had not been barred from doing so under state law. The Supreme Court reversed, holding (1) the Appellate Court erred in affirming the trial court’s judgment on grounds distinct from those of the trial court instead of remanding the case to provide Stacey with an opportunity to amend her complaint; and (2) if, on remand, Stacey amends her complaint to allege that she and Mueller would have been married when the underlying tort occurred if they had not been barred from doing so under state law, the trial court must deny Defendants’ motion to strike Stacey’s loss of consortium claims. Remanded.
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