Court Awards Treble damages for Loss of Consortium
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: An award of damages was tripled when the court concluded that a claim of loss of consortium was valid alongside the personal injury claim.
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Loss of consortium is an independent injury; thus, plaintiffs were entitled to seek recovery of double or treble damages against defendants where plaintiffs alleged reckless operation of a motor vehicle in violation of the motor vehicle statutes.
On September 5, 1997, the plaintiffs, Marie and Frederick Giampietro filed an amended complaint sounding in negligence, recklessness, and negligent and reckless violation of motor vehicle statutes. Plaintiffs further sought to double or treble damages for their loss of consortium claim. The defendants moved to strike these allegations and statement in amount of demand. Specifically, they protested the possibility of double or treble damages, specifically, the double or tripling of punitive damages allowed for specific injuries by state law. The defendants argue that a loss of consortium is not a direct injury, and therefore, cannot be brought independently. The court disagreed. “Invasion of the consortium is an independent wrong directly to the spouse so injures” said the court, “and is undeniably a real injury.” In this respect, the court concluded that “such injuries should not go uncompensated.” The court concluded that the plaintiff’s claims were sufficient, and their demand for treble as allowed by statute was granted.
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Source: Giampietro v. McGinely, 1998 Conn. Super. LEXIS 1805
