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Fitzgerald v. Meissner & Hicks, Inc.
Wisconsin Supreme Court
38 Wis. 2d 571, 157 N.W.2d 595 (1968)
After Marie Fitzgerald’s (plaintiff) husband was injured while working on a construction site, Fitzgerald sued the owners of the site (owners) (defendants) for loss of consortium. Relying on precedent that barred a wife from maintaining a cause of action for loss of consortium, the trial court granted the owners’ motion to dismiss the complaint. Fitzgerald appealed to the Wisconsin Supreme Court. After the appeal was filed but before it was decided, the court issued its opinion in Moran v. Quality Aluminum Casting Co., 150 N.W.2d 137 (1967), overruling a previous case and establishing a new rule allowing a wife to sue for loss of consortium. The court applied the new rule retroactively to the parties to Moran, but the opinion was silent as to whether the new rule was generally applicable retroactively or prospectively.
Rule of Law
Holding and Reasoning (Beilfuss, J.)
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