Show t Friday June The Salt Lake Tribune Supreme Court Rejects Woman’s By Dave Jonsson Tribune Staff Writer Utah wives and husbands may not sue ei her pnties for damages for negligence leading to a loss of companionship and fellowship from a spouse the Utah Supreme Court has rate opinion concurred in the result and Chief Justice Gordon R Hall concurred in the decision Justice Christine M Durham however dissented arguing that the prior interpretations of the 1898 act are defective and that the right of a man to sue for loss of consortium has been preserved Thusly she argued the right of a wife to sue exists also because of the Equal Protection clause of the Constitution Justice I Daniel Stewart agreed with the dissent In Mrs Hackford's suit against UP&L she argued she had lost the "services society companionship advice and conjugal fellowship” of her husband Greg following the inju- held In so ruling the court turned down the appeal of a woman who sued Utah Power and Light Co after her husband was seriously and permanently injured when his head contacted a high tension line Sherrie Hackford appealed a dismissal of her suit arguing that the common law right of a husband to sue for loss of consortium does exist in Utah — and that it should be made equally available to wives In a decision that prompted three justices to write separate opinions the court ruled that it saw no reason to overturn two prior cases interpreting the 1898 Married Woman's Act as abolishing a husband's right to sue for loss of services of his wife due to another’s negligence The statute was originally enacted to bar the husband from suing in the wife’s stead a third party for negligent injury — the loss of consortium issue cropping up only years later The question as to just what the statute should mean wrote Justice Michael D Zimmerman for the majority is a policy matter that rests with the Legislature alone Justice Richard C Howe in a sepa ry- The Married Woman’s Act bars a husband for recovering damages for himself if his wife is injured by another This statement reversed the English common-latradition adopted broadly in Utah two years previously that had given a husband the right to sue for his loss on grounds that a wife was considered chattel (property) and loss of her value was compensable For many years the courts and the bar went along with the Married Woman’s Act without it being interpreted in court Then in 1972 Justice Zimmerman wrote in the Ellis vs Hathaway case the Utah Supreme Court dealt with the impact of the statute on a issue and concluded that neither the husband nor the wife had a right to sue 3-- 2 for loss of consortium That opinion was followed in 1978 in the Tjas ruling in which the court disposed of a woman's cause of action for loss of consortium Mrs Hackford wrote Justice Zimmerman “contends that the right to sue for loss of consortium is a right to sue for harm done not to the wife but to the interest the husband has in his relationship with his wife Therefore the Married Woman’s Act is best read as simply empowering a married woman to sue in her own name for physicial injuries done to her" Mrs Hackford the decision said would have the court simply overrule Ellis and Tjas as being flawed interpretations of a 1966 federal court effort to untangle the complexities of the Married Woman's Act Unfortunately the decisions cannot be so quickly cast aside Justice Zimmerman wrote "Should we accept Hackford's arguably ‘better’ interpretation of the Married Woman's Act and overturn those decisions simply because neither represents a d judicial interpretation of the statute and neither contains a particularly persuasive analysis of long-settle- 12 1987 Companionship Suit Loss-o- f- meant to lift common law restrictions from wives and allow them to sue in their own name as if unmarried The act prohibits a man from recovering for injury to his wife but does not say he cannot recover for injury to his marriage relationship an injury direct to h rr self from negligent acts other others in which his spouse is injured Further the high court has already permitted recovery where the act of others lead to a wrongful death and "I find no logical reason to permit an action for loss of consortium for an intentional tort wrongful death yet prohibit the action for a negligent tort" she wrote Utah) cause of action” would be great Other states are "struggling mightily” — and unsuccessfully — with questions arising out of "relational questions” what to do about children's claims over injured lovers parents what about close friends? islature and not the courts to make Even though it was 75 years before the courts took to interpreting the act it was the bar's operative belief that the law meant that a spouse couldn't sue for loss of consortium It makes no difference that the court interpretation came later and common interpretations preceded it Justice Zimmerman wrote "the fact remains that if we depart from Ellis and Tjas we will change an interpretation of the act that has been settled insofar as the bar is concerned for almost 90 years" And even if the two prior cases are not persuasive enough the decision said the difficulties inherent in “announcing to the world this new (In in-la- Concurring Justice Howe noted he was mindful that 47 states have already gone either through court rul- ings or statutory enactments over to the side of allowing loss of consortium claims No state however had what Utah has a statute that for 90 years has bared such a cause of action Dissenting Justice Durham argued that the Married Woman's Act was The Best Family Tents Made in America are Made in Salt Lake City at Kirkham’s Outdoor Products FactoryRetall store you're also assured of the highest value because we sell only direct to the oonsumer And at Kirkham’s we Great Investment and a Great Value Springbar modular tents are youi best investment because they last longer They re A the issue?” Justice Zimmerman asked not the cheapest tent because we only use the finest quality materials available But they're not expensive because your cost per season will be much less after No he said the court cannot take that tack in part because of the way the existing interpretation of the law has "woven" itself into the law's fabric and partly because such policy changes m any event are for the Leg provide oomplete service for your Sprlngbar tent from a complete stock of spare parts to KM quick warranty service minor repairs You’ve quality service and unmatched value when you buy direct from tne factory or J ten to twenty years of trouble free use When you buy from Kirkham’s got X'-- o -- - W V -- FABRICS Our fabrics are high thread count for extra strength durability weather resistance 100 cotton duck is used on sides and top Dry non wax Vlvatex Marine treatment is water repellent yet breathable so the fabric stays soft supple and odorless Vinyl laminated polyester is used In the floors It is extremely tear rot mildew resistant and easy to clean Downtown Woot Valloy " 4160 S Redwood Road West 711 South 300 FLEXIBLE BARS are zinc p ted tempered spring stee HANEY’S - with ice H avv cast ZINC FITTINGS hold the flexible bars In place The SPRINGBAR " FRAMX Push against the side of a Springbar tent The tent gives just a little Push harder and the tent seems to fight back This torsion design £ POLES Durable seamless aircraft tubing used on ridge poieg ig 30 stronger than normal tent tubing The pole within a pole design adds even more strength s gives you flexibility towith stand high winds rigidity for comfort and protection SUNDAY 11 12 TO 5 SlODOWNPATMENfl NOJNT£R£STiORl GE PREMIER DEALER ANNUAL SUMMER SIZZLER REFRESHMENT CENTER REFRIGERATORS u A NOW OPEN 1 968-780- 0 388-800- 0 3 C V i'T- '- MFJNElEURNITURE Bbnkcrw ft WELCOMES fl!AKEURT03§9 KMQHTHS TO' PAlfl GENERAL ELECTRIC RANGES General Electric WASHERS GAS From OR ELECTRIC SAVE $100 On GE’s water thru the door & PREMIER SAVE ZIPPERS STITCHING Tent corners are fully bound with specially treated tape to keep you dry use the finest quality 100 VJe nylon coll self repairing zippers and long WASHER 150-25- 0 On QE PREMIER MODEL EFRIGERATOR ® More Hot Buys On General Electric 00 Polyester No Se Urn NETTING is extremely stiong (or its weight Tight weave is totally critterproof Heavy duty double lap felled seams leave no raw edges Tent Bag Pole Bag Stakes WASHERS Heavy-Dut- y Large Capacity Washer $nnn dEeOO “Traveller” Series Springbar aTents have set standards in quality for over 20 years All moceis These classic Springbar feature extra large outdoor canopies and three full size zippered and screened windows Heavy-Dut- y General Electric Central TBfs® DISHWASHERS SAVE $75 ON PREMIER MODEL DISHWASHERS Electric REFRIGERATORS ALL SIZES ALL TYPES 1st GE Two Door Refngerator Refrigerator Springbar MATCHING GE DRYERS ALSO AT RED HOT PRICES rtrrr! 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