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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.