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Feliciano v. Rosemar Silver Co.

Massachusetts Supreme Judicial Court
514 N.E.2d 1095 (1987)


Facts

Marcial and Dolores Feliciano (plaintiffs) lived together for 20 years although they were not legally married. During that time, Dolores used Marcial’s last name and they held themselves out as husband and wife, including filing joint tax returns, jointly owning their home, and maintaining a sexual relationship to the exclusion of others. In 1981, Marcial was injured by the acts of Miguel Costa (defendant) while they were both employed by Rosemar Silver Company (Rosemar) (defendant). In 1983, Marcial and Dolores were legally married. Subsequently, Marcial and Dolores filed suit against Rosemar and Costa for loss of consortium. The trial court granted Rosemar’s motion for summary judgment and the Felicianos appealed.

Rule of Law

Issue

Holding and Reasoning (O’Connor, J.)

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