[Download] "Lori Cruz and Nicholas A. Cruz v. Jed" by Department One Supreme Court of Washington ~ eBook PDF Kindle ePub Free
eBook details
- Title: Lori Cruz and Nicholas A. Cruz v. Jed
- Author : Department One Supreme Court of Washington
- Release Date : January 02, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Plaintiff Lori Cruz appeals from the trial courts 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 husbands 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 Womens Act of 1898, the legislature eliminated the common law loss-of-consortium cause of action. We further hold that the 1898 Act did not run afoul of article I, section 11.