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Bashaway v. Cheney Bros., Inc.

District Court of Appeal of Florida for the First District
987 So.2d 93 (Fla. Dist. Ct. App. 2008)


Judith Bashaway (plaintiff) and Melinda Garrison (plaintiff) were in a committed, long-term intimate relationship. Bashaway and Garrison were not married, as Florida law did not permit same-sex marriage. Garrison was in a car accident with an automobile of Cheney Brothers, Inc. (Cheney) (defendant). Garrison brought suit against Cheney. Bashaway joined Garrison in the suit and filed a claim for loss of consortium. Cheney filed a motion to dismiss Bashaway’s claim on the ground that loss of consortium could only be granted to a legally married spouse. The circuit court granted Cheney’s motion to dismiss the claim. Bashaway appealed, arguing that loss of consortium should be expanded to cover a serious committed relationship or, in the alternative, that the court should adopt an exception to the marriage requirement.

Rule of Law


Holding and Reasoning (Kahn, J.)

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