· 1/14/1992
St. Germaine v. Pendergast
Citations
- 584 N.E.2d 611
- 411 Mass. 615
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that spouses’ claims for loss of consortium are equally barred by “exclusive remedy” section of Workers’ Compensation Act.
- holding that “spouses, children and parents are equally entitled to bring loss of consortium claims, and those claims are equally barred where the injury is compensable under” the Act
- concluding that Act bars all loss of consortium suits based on injuries covered by Act
- discussing, and rejecting, contention that the State Building Code created a “new duty” on homeowners making them directly liable in damages for violations of the Code
- discussing how G. L. c. 231, § 85X, creating cause of action for loss of filial consortium, was enacted as direct legislative response to Norman v. Massachusetts Bay Transp. Authy., 403 Mass. 303, 308 [1988], which declined to recognize right of recovery for such loss
- spouses, children and parents barred from recovering for lack of consortium by exclusivity provision in workers’ compensation statute
Source: CourtListener parenthetical corpus (CC0).
Judges: Liacos, Wilkins, Lynch, O'Connor, Greaney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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