Steele v. Botticello
2011 ME 72
Me.2011Background
- Eryn Steele was married to Chris Steele when Ryan Botticello allegedly assaulted Chris in August 2006.
- Chris sued Ryan and Robert Botticello for damages in March 2008; Eryn was not a party to that suit or to its settlement.
- Eryn believed the assault altered Chris's personality, causing strain in the marriage; she moved out in December 2008.
- In February 2009, Chris settled and released his claims against the Botticellos for $50,000; the insurer did not consider Eryn's potential claims.
- Eryn sued the Botticellos in April 2009 for loss of consortium under 14 M.R.S. § 302; she and Chris were divorced in March 2010.
- The Botticellos moved for summary judgment on the basis that Chris's release barred Eryn's consortium claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a spouse's settlement/bar of the injured spouse affect the other spouse's loss of consortium claim? | Steele argues Brown overruled Hardy/Parent; her claim remains independent. | Botticellos contend Chris's release bars Eryn's claim as derivative/related to underlying claim. | No; Eryn's claim remains viable unless Brown overrides. |
| What is Brown's impact on Hardy and Parent regarding derivative vs independent loss of consortium claims? | Steele emphasizes independence per prior rulings. | Botticellos rely on Brown classification of loss of consortium as derivative. | Brown overruled Hardy/Parent to treat losses as derivative regarding defenses applicability, but allowed independent actions to be pursued and settled separately. |
| Can a non-participating spouse's loss of consortium be barred where the other spouse settled and released claims without joinder? | Steele not barred by lack of joinder since § 302 creates separate right. | No joinder would risk double recovery or inconsistent obligations. | Steele's claim not barred; separate action may proceed. |
Key Cases Cited
- Dionne v. Libbey-Owens Ford Co., 621 A.2d 414 (Me. 1993) (loss of consortium damages not subject to employer lien; separate statutory right)
- Hardy v. St. Clair, 1999 ME 142 (Me. 1999) (loss of consortium independent, pre-injury releases not bar; question of defenses reserved)
- Parent v. E. Me. Med. Ctr., 2005 ME 112 (Me. 2005) (wife's consortium claim not barred by non-mandatory joinder; independent right)
- Brown v. Crown Equip. Corp., 2008 ME 186 (Me. 2008) (loss of consortium as derivative for purposes of comparative negligence offset; overruled prior independence notion)