Thursday, December 22, 2011

No Loss Of Consortium Claim For Domestic Partner

The Connecticut Appellate Court has held that a same sex domestic partner who had not yet entered into a civil union cannot assert a loss of consortium claim:

Even if we were to assume that a complaint that includes such an allegation states
a legally sufficient claim for loss of consortium, the plaintiff did not plead this fact in the third amended complaint. Although the plaintiff pleaded that she was in a stable relationship with Mueller, lived with her for many years, supported her financially and entered into a civil union with her one and one-half years after the tortious conduct had occurred, these allegations, even when construed in the light most favorable to the plaintiff, do not allege that the couple would have formalized their relationship before the defendants’ negligent acts ceased on March 5, 2004. Absent such an allegation, the plaintiff’s claim is functionally equivalent to that presented in Gurliacci.

The Gurliacci decision involved a loss of consortium claim based on an engaged relationship that had not yet resulted in marriage. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/12/the-connecticut-appellate-court-has-held-that-a-same-sex-domestic-partner-cannot-assert-a-loss-of-consortium-claim.html

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