Byrd v. Matthews

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that since the defense of assumption was available against the plaintiff in a personal injury action, that same defense was available against the spouse’s derivative consortium action
• “[C]onsortium actions are derivative actions subject to all defenses that would have been available against the injured persons.” (quotation marks and emphasis omitted)
• wherein the Court encouraged, but did not require because the issue was not before the Court, plaintiff spouses to join their causes of action in order to avoid duplicative recovery and litigation

Source: CourtListener parenthetical corpus (CC0).