Instructions
M Civ JI 52.01 Measure of Damages—Injury to Spouse
M Civ JI 52.02 Measure of Damages for Child of Injured Parent
In this case [name of derivative plaintiff] is claiming that [he / she] sustained damages as a result of injury to [his wife / her husband]. If you find that [name of principal plaintiff] [is / would be] entitled to damages, then it is your duty to determine the amount of money which will reasonably, fairly and adequately compensate [name of derivative plaintiff] for any of the following elements of damage [he / she] has sustained to the present time as a result of injury to [his wife / her husband].
- *(the reasonable expense of necessary medical care, treatment and services received by [his wife / her husband]
- *(the reasonable value of the services of [his wife / her husband] of which [he / she] has been deprived)
- *(the reasonable value of the society, companionship and sexual relationship with [his wife / her husband] of which [he / she] has been deprived)
You should also include the amount of money that will compensate [name of derivative plaintiff] for such of these elements of damage as you decide are reasonably certain to be sustained in the future. If any element is of a continuing nature, you shall decide how long it may continue. †(If an element of damage is permanent in nature, then you shall decide how long [name of derivative plaintiff] and [his wife / her husband] are each likely to live and how long the plaintiff is likely to sustain that element of damage.)
Which, if any, of these elements of damage have been proved is for you to decide based upon evidence and not upon speculation, guess or conjecture. The amount of money to be awarded for certain of these elements of damage cannot be proved in a precise dollar amount. The law leaves such amount to your sound judgment. Your verdict must be solely to compensate [name of derivative plaintiff] and not to punish the defendant.
Note on Use
*Complete this instruction by selecting the appropriate element or elements of damages, as shown by the evidence, from the three clauses in parentheses. The appropriate phrases in brackets should also be given as part of the instruction.
†The sentence in parentheses should be given if appropriate.
This instruction must be modified if there has been a divorce or other event which would end the right to consortium damages.
Comment
A husband may recover for necessary medical expense incurred as a result of injury to his wife. Burns v Van Buren Twp, 218 Mich 44; 187 NW 278 (1922); Laskowski v People’s Ice Co, 203 Mich 186; 168 NW 940 (1918). He may also recover the reasonable value of the loss of his wife’s ability to carry on her services and housework. Leeds v Masha, 328 Mich 137; 43 NW2d 92 (1950); Burns.
Both the husband and wife have a right to recover for the loss of consortium. See Montgomery v Stephan, 359 Mich 33; 101 NW2d 227 (1960).
The no-fault law has not abolished the common-law action for loss of consortium by the spouse of a person who receives above threshold injuries, Rusinek v Schultz, Snyder & Steele Lumber Co, 411 Mich 502; 309 NW2d 163 (1981); nor is a consortium action precluded by the Michigan Civil Rights Act, MCL 37.2101 et seq.; Eide v Kelsey-Hayes Co, 431 Mich 26; 427 NW2d 488 (1988).
See Morse v Deschaine, 13 Mich App 101, 107; 163 NW2d 693, 696 (1968), for a discussion of situations in which a wife may sue in her own right for her medical expenses.
History
In this case [name of child] is claiming that [he / she] sustained damages as a result of injury to [his / her] [father / mother]. If you find that [name of parent] [is / would be] entitled to damages, then it is your duty to determine the amount of money which will reasonably, fairly and adequately compensate [name of child] for any of the following elements of damage [he / she] has sustained to the present time as a result of injury to [his / her] [father / mother].
- *(the reasonable value of the services of [his / her] [father / mother] of which [he / she] has been deprived)
- *(the reasonable value of the society and companionship with [his / her] [father / mother] of which [he / she] has been deprived)
You should also include the amount of money that will compensate [him / her] for such of these elements of damage as you decide are reasonably certain to be sustained in the future. If any element is of a continuing nature, you shall decide how long it may continue.
**(If an element of damage is permanent in nature, then you shall decide how long [name of child] and [his / her] [father / mother] are each likely to live and how long [name of child] is likely to sustain that element of damage.)
Which, if any, of these elements of damage have been proved is for you to decide based upon evidence and not upon speculation, guess or conjecture. The amount of money to be awarded for certain of these elements of damage cannot be proved in a precise dollar amount. The law leaves such amount to your sound judgment. Your verdict must be solely to compensate [name of child] and not to punish the defendant.
Note on Use
*Complete this instruction by selecting the appropriate element or elements of damages, as shown by the evidence, from the clauses in parentheses. The appropriate phrases in brackets should also be given as part of the instruction.
**The sentence in parentheses should be given if appropriate.
Subsection a. is not intended for use in no-fault cases without modification.
Comment
A child has a cause of action for loss of parental consortium caused by tortious injury to the parent. Berger v Weber, 411 Mich 1; 303 NW2d 424 (1981). Consortium includes love, companionship, affection, society, comfort and solace as well as services. Id. at 17.
Special note on parent’s cause of action
A parent has no cause of action for loss of consortium when a child is negligently injured. Sizemore v Smock, 430 Mich 283; 422 NW2d 666 (1988); but the parent may sue for loss of services and medical expenses, Jakubiec v Hasty, 337 Mich 205; 59 NW2d 385 (1953). See also Sizemore, 430 Mich at 288.
History