Bashaway v. Cheney Bros., Inc.

987 So.2d 93 (2008)

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Bashaway v. Cheney Bros., Inc.

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

SC

Facts

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

Issue

Holding and Reasoning (Kahn, J.)

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