midpage
312 Conn. 631
Conn.
2014
Read the full case

Background

  • Mueller was negligently diagnosed and treated for cancer by Wertheim from 2001 to 2004, with cancer progression after the error.
  • Stacey and Mueller had been domestic partners since 1985, living together; Stacey and Mueller joined in a civil union in 2005, though the underlying tort occurred before civil unions were available.
  • Mueller and Stacey filed a medical malpractice suit on January 10, 2006; Stacey asserted a loss of consortium claim on their relationship.
  • Defendants moved to strike the loss of consortium claim, arguing Stacey and Mueller were not married or in a civil union at the time of the tort; the trial court granted the motion.
  • Appellate Court affirmed the trial court on an alternative ground (that the complaint did not allege they would have married or entered a civil union at the time) and did not reach Gurliacci-based analysis; Kerrigan (2008) held same-sex marriage unconstitutional at the time.
  • This Court held that the Appellate Court’s affirmance on the unpreserved ground is reversible under plain error, and that Stacey may amend to claim they would have married or formed a civil union but for the prohibition.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Review of unpreserved ground for affirmance Stacey contends Appellate Court improperly relied on an unpreserved ground. Defendants argue preservation and waiver rules prevent review of that ground. Plain-error reversal; issue review allowed and remand permission granted.
Allowance of loss of consortium if amended Stacey would plead they would have married or formed a civil union if not barred, justifying recovery. Gurliacci requires actual marriage at time of injury or disallowance otherwise. Yes; if amended to allege would have been married or in a civil union, loss of consortium may be recognized.

Key Cases Cited

  • Gurliacci v. Mayer, 218 Conn. 531 (1991) (formal marriage as touchstone for consortium; limits on unmarried claims)
  • Hopson v. St. Mary’s Hospital, 176 Conn. 485 (1979) (loss of consortium recognized within married couple context; public policy considerations)
  • Kerrigan v. Commissioner of Public Health, 289 Conn. 135 (2008) (unconstitutional restriction on same-sex marriage; societal change and rights)
  • Mendillo v. Board of Education, 246 Conn. 456 (1998) (public policy considerations in expanding/limiting loss of parental consortium)
  • Charron v. Amaral, 451 Mass. 767 (2008) (Massachusetts addressing same issue post-Goodridge; retroactivity concerns)
Read the full case

Case Details

Case Name: Mueller v. Tepler
Court Name: Supreme Court of Connecticut
Date Published: Jul 16, 2014
Citations: 312 Conn. 631; 95 A.3d 1011; SC18939
Docket Number: SC18939
Court Abbreviation: Conn.
Log In