NY PJI 2:315
N.Y. Pattern Jury Instr.--Civil 2:315
, where both spouses' actions were brought together, the court held that settlement by the injured spouse did not preclude the continuance of the derivative action. The Buckley court left open the question of whether a release would bar a loss of consortium claim that a defendant knew to be pending when it obtained the release from the injured spouse.
The percentage of comparative fault of the injured plaintiff-spouse must be applied to reduce the total amount of the award for loss of consortium, . The percentage of comparative fault in the accident attributable to the derivatively suing spouse will reduce the amount of damages recoverable for loss of services, .
Where there are claims for both loss of services and expenses, and , should be combined.
The mother of a stillborn child may recover for any injuries she sustained, including her suffering as a result of the stillbirth, and the father may recover for loss of her services and consortium, ; .
A child has no action for the loss of parental consortium, e.g., support, training, attention and the like against a third person negligently injuring a parent, .
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NY PJI 2:315
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© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.