· 10/11/1978
Whittlesey v. Miller
Citations
- 572 S.W.2d 665
- 22 Tex. Sup. Ct. J. 30
- 1978 Tex. LEXIS 397
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a spouse’s loss of consortium claim is not barred by a settlement agreement or release executed by the injured spouse if the non-injured spouse did not sign the release
- recognizing a derivative claim for damages by a spouse for loss of consortium caused by a tortfeasor’s negligently causing injury to other spouse
- holding that a release generally cannot bind a party who did not sign it
- holding that a spouse’s loss of consortium claim is not barred by a settlement agreement or release executed by the injured spouse if the non-injured spouse did not sign the release
- recognizing a common-law cause of action for loss of consortium between spouses where the spouse is injured but not killed
- holding scope of husband’s release did not extend to nonsignatory wife’s derivative loss-of-consortium claim
Source: CourtListener parenthetical corpus (CC0).
Judges: McGee
Read full opinion on CourtListenerSourced 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.