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3.4-3  Damages - Loss of Consortium

Revised to January 1, 2008

(Mr./Ms.) ___________ has made a claim for loss of consortium. 

Loss of consortium is a suit by a spouse for the loss of the affection, dependence and companionship that (he/she) has suffered through the loss of (his/her) spouse.  Damages awarded for loss of consortium include both past and future loss and are measured by the extent of the loss incurred, to the extent that money can measure it.

The term "consortium" encompasses the services of the spouse and the variety of intangible relations which exist between spouses including affection, society, companionship and physical intimacies of the spousal relationship.

(Mr./Ms.) __________'s recovery must be causally connected to the accident, and, once again, (he/she) can recover only if ((his/her) spouse / the estate of __________) recovers, because (his/her) action for loss of consortium is derivative from (his/her) spouse's case.  Finally, in awarding damages for loss of consortium, you must take into account the life expectancies of both spouses and base your award on the shorter life expectancy.

Authority

Musorofiti v. Vlcek, 65 Conn. App. 365, 372, cert. denied, 258 Conn. 938 (2001); Blake v. Neurological Specialties, P.C., Superior Court, complex litigation docket at Waterbury, Docket No. X02 CV 94 0155265 (May 9, 2003).

Notes

This charge applies to civil unions, General Statutes § 46b-38oo; see also Kerrigan v. State, 49 Conn. Sup. 644 (2006), on appeal, Supreme Court, Docket No. 17716.
 


 

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