Husband and Wife - Right of Wife to Sue for Loss of Consortium Due to Negligent Injury to Husband
Porter S.Ed., James M.
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Abstract
Plaintiff brought an action for loss of consortium with her husband, allegedly due to defendant's negligent injury of the husband. In a prior suit the husband's cause of action against the defendant had been settled and dismissed with prejudice. The trial court dismissed the present suit for failure to state a cause of action. On appeal, held, reversed.
The wife has a valuable property right of consortium. Iowa statutes pertaining to the rights of married women clearly indicate the intent of the legislature to remove the common law bar of coverture that prevented a wife from maintaining an action for loss of consortium. Acuff v. Schmit, (Iowa 1956) 78 N. W. (2d) 480.