overruling Deshotel v. Atchison, T. & S.F. Ry. Co., 50 Cal.2d 664, 328 P.2d 449 (1958), and West v. City of San Diego, 54 Cal.2d 469, 6 Cal.Rptr. 289, 353 P.2d 929 (1960)
How later courts described this case
- overruling Deshotel v. Atchison, T. & S.F. Ry. Co., 50 Cal.2d 664, 328 P.2d 449 (1958), and West v. City of San Diego, 54 Cal.2d 469, 6 Cal.Rptr. 289, 353 P.2d 929 (1960)
- “a spouse will not be permitted to initiate an action for loss of consortium . . . when the action of the other spouse for the negligent or intentional injury giving rise to such loss was concluded by settlement or judgment prior to the effective date of this decision” [emphasis added]
- consortium “issue generally must be resolved by the ‘impartial conscience and judgment of jurors who may be expected to act reasonably, intelligently and in harmony with the evidence’ ”
Written by the judges who cited it.
The opinion
McCOMB, J.
I dissent. I adhere to the view that any change in the law denying the wife recovery for loss of consortium should be left to legislative action. (Deshotel v. Atchison, T. & S. F. Ry. Co., 50 Cal.2d 664, 669 [ 328 P.2d 449 ].)