FREDERICK WESSELS V GARDEN WAY INC

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STATE OF MICHIGAN COURT OF APPEALS FREDERICK WESSELS and LUCINDA OSBORNE, FOR PUBLICATION September 28, 2004 9:00 a. m. Plaintiffs-Appellees/CrossAppellants, v No. 246518 Jackson Circuit Court LC No. 98-090957-NP GARDEN WAY, INC., Defendant-Appellant/CrossAppellee. Official Reported Version Before: Murray, P.J., and Markey and O'Connell, JJ. O'CONNELL, J. (concurring.) I concur with the majority. I write separately to state that loss of consortium is not a separate, independent cause of action. Loss of consortium is a derivative cause of action. Only one injury occurs and, therefore, the total damages relate to the one injury. Loss of consortium, physical impairment, disfigurement, mental anguish, emotional distress, humiliation, and other nonpecuniary losses all relate to a single injury and, therefore, are not independent, separate causes of action. /s/ Peter D. O'Connell -1-

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