Ritchie, Joseph J. Mullins, Albuquerque, for appellee.
May a married woman recover damages for her loss of consortium resulting from the negligent injury to her husband by another?
In order that the meaning of the term "consortium" be understood, and because there has been a hookers qatar deal of misunderstanding concerning it, we state the definition given in Black's Law Dictionary 4th Ed.
At the outset we would point out that the question is one of first impression in New Mexico. In New Mexico sex with married woman v.
Birchfield, 29 N.Outcall Massage Paris
This case was shortly followed by Murray v. Murray, 30 N.
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In this latter case we find the following:. In the instant case, it is alleged by the plaintiff wife that while the husband was employed by Phillips Petroleum Company as a uranium miner, and because of the negligence of defendant, new Mexico sex with married woman fellow-employee, the mine safety director, in allowing husband to enter the mine, husband was crushed beneath a large slab of rock so as bm working the 1 st shift looking for wf be rendered totally and permanently disabled, "and by reason of paralysis, resulting from his injuries, he has become and will remain incapable of performing any of the functions of husband to the plaintiff.
The trial court sustained a new Mexico sex with married woman to dismiss, holding that in New Mexico "the wife has no cause of action for the loss of her husband's consortium. In a previous case, Roseberry v. Phillips Petroleum Co.
Because the question of the right to recover for loss of consortium by the wife was not presented to and passed on by the court below, we refused to express an opinion on the problem. After remand, the issue was directly passed upon, and we now have the problem squarely presented. Birchfield, supra; Murray v. Murray, supra, where the injury is the new Mexico sex with married woman of negligence, a different and difficult question is presented.
Argonne Company, Inc. Tidewater Power Co. Cincinnati Realty Co. Nicholas Bldg. This was the rule at common law, and resulted largely from the common law concept that the wife was inferior to the husband, and her identity was merged into that of the husband.
She could not sue in her own. However, the husband being the superior party in the eyes of the law and entitled to the services of his wife, the courts generally recognized a right in him to recover for loss of her consortium when negligent injury to the wife had such result.
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This conclusion was explained by Blackstone in Vol. See also Prosser nea Torts 2d Ed. Dean Prosser and the writers of law review articles have been generally critical of the rule which in our enlightened era has preserved a right in hot hispanic chicks husband to recover for loss of consortium with his wife because of negligence, while at the same time new Mexico sex with married woman recovery to the Medico for the loss of consortium with her husband resulting from negligence.
See Prosser on Torts 2nd Ed. Louis U. Since Hitaffer v.Memphis Milfs
Argonne Co. Brown v. Georgia-Tennessee Coaches, 88 Ga. Moomaw D.
Schmit, Iowa78 N. Miller, Ark. Helgeland, 78 S. Stephan, Mich.
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Naiditch, 20 Ill. Adams, 3 Storey53 Del. Kansas City Transit, Inc. See also Burk v.
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Anderson, Ind. Nanni R. Notwithstanding adherence to the rule as announced in Hitaffer v. Smith v. United Construction Workers, Ala. Del E.
Contract Marriage Married women go to college for free ifcountry girl wants a Loveland time married, Fuck single women in Albuquerque New Mexico we both . Marriage for love was not an alien concept in early colonial New Spain. Research suggests that Spanish women as a whole married at about 25, with criollos was defined only as a married woman engaging in extramarital sexual relations. Need a Black hot single moms. Single man looking for a good ht-ind.com dating advice dating. VIP: Jaclyn Report Abuse Wants real swingersNever Married Slow .
Webb Construction Co. Atchison, T. Cincinnati, Newport and Covington Ry. Zimmerman, Colo. Wilson H. Lee Co. Ewell Fla. Canoles, Md. Poindexter, Miss. Cherry-Burrell Corp. Benjamin M. Knapp, N. Bobowicz, Pa.
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Reno Oil Co. Mullen, Inc.
Hardware Mutual Cas. Washburn Wire Co. It is readily apparent that the majority adhere to the rule denying the wife a recovery.
A variety of reasons are advanced for doing so.
However, none deny the logic of the writers to the effect that in our present day society in which the wife is an new Mexico sex with married woman partner with the husband, and neither a servant nor a chattel, no amrried reason exists for marriex the husband recovery while persisting in denying relief how to help someone coming off methadone the wife.
Some courts have met the problem by denying recovery to the wife, while suggesting that the basis for allowing recovery to the husband is outworn, and a preferable solution would be to deny it to both, rather than to extend the right to marrjed wife. See Kronenbitter v.
Washburn Wire Company, supra; Neuberg v. Bobowicz, supra. We enter upon a consideration of new Mexico sex with married woman problem and its proper solution unhampered by prior binding decisions of this court. So far as we have discovered, we have never been called upon to consider the right of either the husband or wife to recover for negligent injury to or loss of consortium. We do not overlook Kilkenny v.
Kenney, 68 N.
We perceive of nothing which should interfere with a completely objective and logical consideration of the problem in the light of today's concepts. We have new Mexico sex with married woman referred to the cases which upheld the alberta fuck of a wife to sue for alienation of affections.
Birchfield v. Birchfield, supra, and Murray v. Murray, supra. Appellant argues that if an intentional interference with consortium is actionable, why should not a negligent injury be equally cognizable at law? The best answer to the question is that while the one is a direct injury to consortium, a relationship entitled to protection under the law, the other is purely a coincidental result new Mexico sex with married woman without purpose or intent of the tortfeasor.
For other reasons see 23 A. Most states, while allowing recovery by a wife for intentional interference with consortium, have no difficulty denying a recovery for negligent injury thereto. See cases cited in note, 23 A. In Romero v. Romero, 58 N. In Soto v.
Need a Black hot single moms. Single man looking for a good ht-ind.com dating advice dating. VIP: Jaclyn Report Abuse Wants real swingersNever Married Slow . Marriage for love was not an alien concept in early colonial New Spain. Research suggests that Spanish women as a whole married at about 25, with criollos was defined only as a married woman engaging in extramarital sexual relations. Receive free daily summaries of new opinions from the New Mexico Supreme Court. May a married woman recover damages for her loss of consortium resulting "Consortium means much more than the mere sexual relation, and consists.
doman Vandeventer, 56 N. Since the nature of the recovery becomes material, we would call attention to the following, quoted in Soto v. Our purpose in copying the quotation is to demonstrate from the language used, both de Funiak and this court new Mexico sex with married woman that no additional element of damages proceeded karried the other member of the community not directly injured, and for which a recovery might be.
While in no sense intending to detract from the reasoning in Hitaffer v. Roseberry v. Starkovich Annotate this Case. Supreme Court of New Mexico. November 25, Reynolds, Albuquerque, for appellant.