Opinion
No. 68-361
Decided April 22, 1970.
Husband and wife — Personal injuries suffered by wife as result of negligence — Husband's action against tortfeasor — Recovery for loss of services and consortium of wife.
APPEAL from the Court of Appeals for Marion County.
James A. Crowe recovered a judgment upon a jury verdict for the loss of services and consortium of his wife which resulted from personal injuries suffered by her as a result of the negligent operation of a vehicle by the defendants.
The Court of Appeals reversed the judgment of the trial court. The reversal was based upon the ground that a husband does not have a right to recover for the loss of consortium of his wife independently of his right to recovery for loss of services. ( 13 Ohio App.2d 208.)
In this cause, at the trial level, an action by the wife for damages for personal injuries, pain and suffering was joined with the husband's cause of action (this case) for purposes of trial and the causes were tried together. The wife's judgment was satisfied and paid and this appeal is concerned only with the husband's cause of action for the loss of his wife's services and the loss of her consortium.
The cause is before this court pursuant to the allowance of a motion to certify the record.
Mr. John L. Roof, for appellant.
Mr. Frank Wiedemann and Mr. William Wiedemann, for appellees.
The judgment of the Court of Appeals is reversed on authority of Clouston v. Remlinger Oldsmobile Cadillac, Inc. (1970), 22 Ohio St.2d 65.
Judgment reversed.
O'NEILL, C.J., SCHNEDER, HERBERT, DUNCAN and CORRIGAN, JJ., concur.
CHIEF JUSTICE TAFT participated in this case which was, however, decided after his death.
MATTHIAS, J., not participating.