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Lozoya v. Sanchez

New Mexico Supreme Court
66 P.3d 948 (2003)


Facts

Ubaldo and Sara Loyoza (plaintiffs) were together over 30 years when Ubaldo was in a car accident. They had three children, the same last name, owned a house and filed taxes together, but did not formally marry until a few months later. Before the accident, the couple enjoyed a happy relationship, going out dancing and visiting friends. But Ubaldo suffered sufficient pain afterward that he stopped socializing and mostly stayed in bed, so their intimate relationship suffered. A second car accident the following year worsened things further. Sara brought loss-of-consortium claims against the two other drivers, Diego Sanchez and Philip McWaters, and their employers (defendants). The trial court refused to allow her claim against Sanchez because the couple had not technically married at the time of that accident. The jury found McWaters not negligent, so Sara recovered nothing. Sara appealed.

Rule of Law

Issue

Holding and Reasoning (Minzner, J.)

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