M Civ JI 52.01 Measure of Damages - Injury to Spouse

In this case [ name of derivative plaintiff ] is claiming that [ he / she ] sustained damages as a result of injury to [ his / her ] spouse. 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 / her ] spouse.

(a) *(the reasonable expense of necessary medical care, treatment and services received by [ his / her ] spouse

(b) *(the reasonable value of the services of [ his / her ] spouse of which [ he / she ] has been deprived)

(c) *(the reasonable value of the society, companionship and sexual relationship with [ his / her ] spouse 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 / her ] spouse 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

M Civ JI 52.01 was SJI 33.00. Amended May 2016.