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Montgomery v. Stephan

359 Mich. 33 (1960)

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Montgomery v. Stephan

Michigan Supreme Court
359 Mich. 33 (1960)

Facts

The husband of Shirley Montgomery (plaintiff) suffered catastrophic injuries after William Stephan (defendant), driving recklessly, struck the husband’s vehicle as he was nearly through an intersection. The collision forced the car into a tree, embedding bark in the husband’s head and causing a brain concussion with risk of epilepsy, four pelvic fractures, an abdominal puncture, kidney failure, and other severe injuries. Following the accident, Montgomery’s husband was left physically weak, in constant pain, unable to sleep, unable to work effectively, and unable to engage in normal social or marital life. Montgomery brought suit against Stephan for loss of consortium, alleging that his negligence deprived her of her husband’s companionship, comfort, aid, and conjugal affection. The trial court dismissed Montgomery’s complaint, holding that a wife could not state a cause of action for loss of consortium, as such an action was traditionally available only to husbands. Montgomery appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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