Opinion
No. 68-551
Decided April 22, 1970.
Husband and wife — Equal rights — Wife's action against tort-feasor for injuries to husband — Loss of services and consortium.
CERTIFIED by the Court of Appeals for Lake County.
In this case, Ira D. Durham is alleged to have sustained bodily injuries as a result of the alleged negligent acts of the defendants. He was performing sewer work as a laborer in a ditch when, it is alleged, one of the defendants negligently operated an earthmoving machine in an attempt to refill the ditch. It is alleged that the sides of the ditch collapsed and fell upon Ira Durham and that as a direct and proximate result thereof he is alleged to have suffered the following injuries.
1. Traumatic rupture of urethra and shearing off of the urethra from the bladder.
2. Interruption or destruction of nerve supply to the genitalia resulting in permanent impotency.
3. Multiple fractures of the pelvis.
4. Comminuted fracture of the sacrum.
5. Multiple contusions and abrasions of the body.
6. Mental and emotional anguish and depression.
The plaintiff, appellee herein, is Janie Mae Durham, wife of Ira D. Durham, who filed an action for the loss of her husband's services, companionship and consortium which she claims she suffered as a direct and proximate result of the negligence of the defendants-appellants.
The defendants, appellants herein, filed a demurrer to the petition on the grounds that a wife has no cause of action for the loss of the consortium of her husband due to his injury caused by the negligence of a tort-feasor. The trial court sustained the demurrer and dismissed the action.
Upon appeal, the Court of Appeals reversed the judgment of the trial court and certified the case to this court for review and final determination.
Mr. Fred Weisman and Mr. William H. Pearlman, for appellee.
Messrs. Donaldson Colgrove and Mr. Richard O. Colgrove, for appellants.
The judgment of the Court of Appeals is affirmed on authority of Clouston v. Remlinger Oldsmobile Cadillac, Inc. (1970), 22 Ohio St.2d 65.
Judgment affirmed.
O'NEILL, C.J., SCHNEIDER, HERBERT, DUNCAN and CORRIGAN, JJ., concur.
CHIEF JUSTICE TAFT participated in this case which was, however, decided after his death.
MATTHIAS, J., not participating.