Also known as: loss-of-society · loss of companionship
Written by attorneys — see sources below.
A derivative tort claim allowing the uninjured spouse to recover for the loss of companionship, affection, services, and sexual capacity resulting from bodily harm to the other spouse.
Lola Langley suffered severe burns when a deep fryer exploded at her workplace. Her husband Lamar Lewis paid for substitute childcare and lost her household help and intimacy during recovery. Lamar filed a separate action for those losses after Lola settled her own injury claim. Because joinder with the bodily injury suit had been possible, the court dismissed his action.
A seaman died from a stabbing aboard a vessel docked in port. His nondependent mother, as administratrix, sought loss of society damages in a general maritime unseaworthiness action. The court applied the uniformity principle drawn from the Jones Act and DOHSA and denied the claim.
Ludwick Torregano served as a seaman aboard the vessel M/V Archon. On the evening of July 18, 1984, while the ship was docked in the harbor of Vancouver, Washington, fellow crew member Clifford Melrose stabbed Torregano repeatedly, resulting in his death. Mercedel Miles, Torregano’s mother and the administratrix of his estate, filed suit against Apex Marine Corporation, Westchester Marine Shipping Company, Archon Marine Company, and Aeron Marine Company in the United States District Court for the Eastern District of Louisiana. Miles asserted a negligence claim under the Jones Act for failure to prevent the assault and a claim for breach of the warranty of seaworthiness under general maritime law based on hiring an unfit crew member. She sought damages for loss of support and services, loss of society, punitive damages, the estate’s recovery for Torregano’s pain and suffering, and compensation for his lost future income. At trial the District Court struck the punitive damages claim, ruled that the estate could not recover lost future income, and instructed the jury that Miles could recover for loss of society only if she was financially dependent on her son. The jury determined that Apex was negligent, that Torregano was 7 percent contributorily negligent, and that the vessel was seaworthy, awarding Miles $7,254 for loss of support and services after reduction and the estate $130,200 for pain and suffering while denying loss of society damages because Miles was not financially dependent. The United States Court of Appeals for the Fifth Circuit affirmed in part, reversed in part, and remanded the case after addressing the scope of damages under general maritime law. The Supreme Court granted Miles’ petition for certiorari on the two damages questions.
View caseYes. The Restatement requires joinder unless it is impossible, and recovery is allowed only when the claims are joined. Courts enforce the rule to promote judicial economy and avoid inconsistent verdicts.
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It covers loss of love, affection, care, attention, companionship, comfort, protection, and impairment of sexual relations. Reasonable expenses incurred by the uninjured spouse for medical care are also recoverable.
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Yes. The decision precludes nonpecuniary loss of society damages in Moragne actions for the death of a seaman to maintain uniformity with the Jones Act and DOHSA, which limit recovery to pecuniary losses.
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No. If joinder was possible at the time of the primary action, a later separate suit is barred even after settlement.
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