Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this slip and fall case could just as easily occur at any of the supermarkets in the area, such as Safeway, Raley’s, Bel Air, Save Mart, Walmart, or Whole Foods.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
SUMMARY JUDGMENT IS APPROPRATE ON THE LOSS OF CONSORTIUM CLAIM BECAUSE PAMELA WHITE CANNOT ESTABLISH HER CAUSES OF ACTION
A spouse has a derivative cause of action for loss of consortium caused by a negligent or intentional injury to their spouse by a third party. Rodriguez v. Bethlehem Street Corp. (1974) 12 Cal.3d 382,408. However, a spouse does not have a cause of action for loss of consortium when their spouse has no cause of action in tort. Blain v. Doctor’s Co. (1990) 222 Cal.App.3d 1048, 1067. As discussed above, plaintiff Pamela White cannot establish her causes of action for Negligence and Premises Liability. Therefore, summary judgment should be granted on Kenneth White’s Loss of Consortium claim.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
CONCLUSION
Based on the foregoing, there is no triable issue of material fact, and defendant is entitled to judgment as a matter of law. Plaintiff Pamela White cannot establish one or more of the elements of her Negligence or Premises Liability causes of action.
There is no evidence that defendant failed to exercise reasonable care with regard to inspection and maintenance of the floors, or that an alleged dangerous condition was present on the floor for a sufficient period of time to provide notice to Safeway, Inc.
Because Pamela White cannot establish one or more of the elements the causes of action in her Complaint, summary judgment should also be granted on Kenneth White’s derivative cause of action for Loss of Consortium.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.