M Civ JI 73.01 Form of Verdict: Damages of Spouse of Injured Plaintiff

NOTE: If you find that [ name of injured spouse ] is not entitled to damages, do not complete this verdict form.

If you find that [ name of injured spouse ] is entitled to damages, you should complete this verdict form.

We, the jury, answer the questions submitted as follows:

QUESTION NO. 1: Did [ name of spouse ] sustain damages for [ expense of necessary medical care, treatment or services received by [ name of injured spouse ] / the services of [ name of injured spouse ] of which [ name of spouse ] has been deprived / society, companionship and sexual relationship with [ name of injured spouse ] of which [ name of spouse ] has been deprived ]?

Answer: ____(yes or no)

If your answer is “no,” do not answer any further questions.

If your answer is “yes,” go on to Questions No. 2 through 6.

DAMAGES TO THE PRESENT DATE

QUESTION NO. 2: What is the total amount of [ name of spouse ]’s damages to the present date for [ expense of necessary medical care, treatment, or services received by [ name of injured spouse ] / the services of [ name of injured spouse ] of which [ name of spouse ] has been deprived ]?

Answer: $________.____

QUESTION NO. 3: What is the total amount of [ name of spouse ]’s damages to the present date for society, companionship and sexual relationship with [ name of injured spouse ] of which [ name of spouse ] has been deprived?

Answer: $________.____

FUTURE DAMAGES

QUESTION NO. 4: If you find that in the future [ name of spouse ] will incur costs for the expense of necessary medical care, treatment, or services received by [ name of injured spouse ], give the total amount for each year in which [ name of spouse ] will incur costs.

Answer:

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

QUESTION NO. 5: If you find that in the future [ name of spouse ] will sustain damages for the services of [ name of injured spouse ] of which [ name of spouse ] has been deprived, give the total amount for each year in which [ name of spouse ] will sustain damages.

Answer:

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

QUESTION NO. 6: If you find that in the future [ name of spouse ] will sustain damages for society, companionship and sexual relationship with [ name of injured spouse ] of which [ name of spouse ] has been deprived, give the total amount for each year in which [ name of spouse ] will sustain damages.

Answer:

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

Please note that the judge will reduce the total amount of [ name of spouse ]’s damages entered in Questions No. 2 through 6 by the percentage of [ name of injured spouse ]’s fault, if any, in causing [ name of injured spouse ]’s own injury.

Signed,

_______________________________ _______________________

Foreperson Date

Note on Use

This verdict form is designed for a lawsuit in which the action for damages to the spouse is combined with the action for the injured spouse’s damages. The verdict form assumes that the spouse’s action is a personal injury action and subject to MCL 600.6305, .6304. Personal injury action is defined at MCL 600.6301. This verdict form may be used for cases filed on or after October 1, 1986, relating to causes of action arising after October 1, 1986. See 1986 PA 178, § 3.

This verdict form should not be used in no-fault cases.

Where there are multiple plaintiffs or defendants, the appropriate questions should be asked separately as to each one.

A separate Special Verdict sheet should be furnished to the jury for each plaintiff and each defendant.

Omit any questions that are not an issue.

This verdict form should not be used if the plaintiff is over 60 years of age.

This form of verdict is appropriate in a case in which the evidence would allow an award of damages for a 20-year period in the future. The form must be modified by the court to add or delete lines in Questions No. 4, 5, and 6 in cases where the evidence supports an award of damages for a period longer or shorter than 20 years.

Comment

Where a derivative action by a spouse for loss of consortium or other damages is tried jointly with an action by the other spouse for his or her own injury, recovery in the derivative action is dependent on whether the injured spouse is entitled to recover. Bias v Ausbury, 369 Mich 378, 120 NW2d 233 (1963); Morrison v Grass, 314 Mich 87, 22 NW2d 82 (1946).

Recovery of damages for loss of consortium in the suit by one spouse is to be reduced by the other spouse’s negligence in causing his or her own injury. Danaher v Partridge Creek Country Club, 116 Mich App 305, 323 NW2d 376 (1982).

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). But 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. A husband 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 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).

History

M Civ JI 73.01 was added June 1989.