January 4, 2012
Often times when a spouse is injured the other spouse suffers as well. The harms to the non injured spouse involve potential loss of companionship, love, affection, conjugal society, moral support and comfort.
The California Court of Appeal for the 2nd District on May 24 in the case of Mealy v B-Mobile ruled that this loss need not be total but rather even a partial loss of any of these elements of harm is compensable. The trial court had granted judgment for the defendant on the basis of the husband's testimony that he loved his wife, was with her even more now in her disabled condition and that the relationship was not impaired by her physical injury. The Appellate court in reversing the judgment ruled that this testimony is typical of a loving and faithful husband.
These supportive comments/testimony do not negate the tangible impact of his wife's injury on him now as a full time care giver to his wife. A fair and well reasoned outcome.