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Under D.C. Law, Oncoming Motorist’s Contributory Negligence Barred Her Recovery, But Did Not Bar Her Husband’s Claim For Loss Of Consortium, 737 A.2d 1029 (D.C. Sept. 16, 1999) The D.C. Court of Appeals held that one spouse’s contributory negligence does not bar the other spouse’s claim for loss of consortium resulting from the defendant’s negligence. A loss of consortium claim stands separate and independent from a negligence claim and a judgment against a spouse claiming negligence is not a bar to an action by the spouse claiming loss of consortium. In this matter, the appellant’s wife was involved in a collision with an on-coming motorist who turned left at an intersection into her path. Following a bench trial, the court found the wife contributorily negligent, because she was driving without her glasses and not paying attention. The trial court also entered judgment against her husband on his loss of consortium claim. On appeal, the court affirmed the trial court on the issue of contributory negligence, but reversed as to the loss of consortium claim. The Court of Appeals acknowledged that in some respects, a spouse’s loss of consortium claim is dependent on or collateral to the other spouse’s negligence claim. For example, a loss of consortium claim depends on whether the underlying claim of negligence against the defendant has been proven. But that is different from whether a claim for loss of consortium is precluded by the injured spouse’s contributory negligence. In this case, the trial court made a specific finding that the defendant driver was negligent. Therefore, if there is evidence to support it, the husband’s loss of consortium claim against the defendant driver stands, notwithstanding that the contributory negligence of the injured spouse ultimately barred her negligence claim. The court views the tort of loss of consortium as a distinct cause of action for injury to the marriage itself involving the prosecution of separate and independent rights. |
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