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NY PJI 2:315

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N.Y. Pattern Jury Instr.--Civil 2:315

Ins. Co., 185 AD2d 835, 586 NYS2d 813, 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, Maidman v Stagg, 82 AD2d 299, 441 NYS2d 711. 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, Florsz v Ogruk, 184 AD2d 546, 585 NYS2d 220.

Where there are claims for both loss of services and expenses, PJI 2:315 and PJI 2:316, 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, Broadnax v Gonzalez, 2 NY3d 148, 777 NYS2d 416, 809 NE2d 645; Endresz v Friedberg, 24 NY2d 478, 301 NYS2d 65, 248 NE2d 901.

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, De Angelis v Lutheran Medical Center, 58 NY2d 1053, 462 NYS2d 626, 449 NE2d 406.

Westlaw. © 2009 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

NY PJI 2:315


© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

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