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· 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 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.