4 N.Y.2d 524 | NY | 1958
The Appellate Division has unanimously affirmed an order and judgment dismissing plaintiff’s complaint on motion for legal insufficiency. Plaintiff sues to recover damages on account of personal injuries alleged to have been sustained by her husband in consequence of defendants’ negligence. The complaint is based on loss of consortium. Insofar as loss of financial support by the husband enters into the claim, that is not an element of damage which pertains to the wife’s cause of action but belongs to the husband.
An action for loss of consortium is not maintainable under the recent decision in Don v. Benjamin M. Knapp, Inc. (306 N. Y. 675), nor under earlier decisions (Landwehr v. Barbas, 241 App. Div. 769, affd. 270 N. Y. 537; Passalacqua v. Draper, 279 App. Div. 660), notwithstanding the decision in the United States Court of Appeals for the District of Columbia in Hitaffer v. Argonne Co. (183 F. 2d 811), followed in Georgia by Brown v. Georgia-Tennessee Coaches (88 Ga. App. 519) and in Iowa by Acuff v. Schmit (78 N. W. 2d 480).
The judgment appealed from should be affirmed, with costs.
Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel and Burke concur.
Judgment affirmed.