NY PJI 2:315
N.Y. Pattern Jury Instr.--Civil 2:315
New York Pattern Jury Instructions--Civil
Database Updated December 2009
Committee on Pattern Jury Instructions Association of Supreme Court Justices
2. Negligence Actions
5. Derivative Actions
a. Re Spouse
PJI 2:315 Damages—Derivative Action Re Spouse—Loss of Services
If you find that the injured plaintiff's (husband, wife) is entitled to recover, you will award (husband, wife) damages for the pecuniary loss which you find plaintiff (husband, wife) sustained by the loss of (his, her) spouse's services and society.
In deciding the amount of such damages, you may take into consideration the nature and extent of the (husband's, wife's) services and society before the injury, including (his, her) disposition, temperament, character and attainments; the interest (he, she) showed in (his, her) home; the social life of (his, her) family and in the comfort, happiness, education and general welfare of the members of the family; the services (he, she) rendered in superintending the household, training the children, assisting (his, her) spouse in the management of the business or affairs in which the spouse was engaged, if any; (his, her) acts of affection, love and sexual intercourse and the extent to which the injuries (he, she) sustained prevented (him, her) from performing such services and providing such society. You will award plaintiff (husband, wife) such an amount based upon the evidence and upon your own observation, experience and knowledge conscientiously applied to the facts and circumstances as in your judgment will compensate (him, her) for the pecuniary loss that you find (he, she) has sustained and is reasonably certain to sustain in the future by reason of (his, her) spouse's inability to perform such services and provide such society as a result of (his, her) injuries.
Based upon ; ; ; ; 45 NYJur2d 383–390, Domestic Relations §§ 290–295; , Comment e; see ; . Note, however, that under the FELA and the Jones Act there is no right of action for loss of consortium, ; Troy, Loss of Consortium in Federal Employer's Liability and Other Federal Act Cases, 11 For the Defense 102, but as to loss of consortium in an action governed by general maritime law, see , aff'd, . A loss of consortium claim cannot be based on employment discrimination, .
There is no right of recovery for loss of consortium in an action for injuries sustained by a firefighter under , . However, in an action for injuries sustained by a police officer under , the plaintiff's wife may assert a derivative cause of action, ; see . Deprivation of marital association can be inferred from the nature of the injuries, , and, therefore, in
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