H.B. 320

1

ACTION FOR LOSS OF CONSORTIUM
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Christine R. Fox
5 AN ACT RELATING TO HUSBAND AND WIFE; ENACTING PROVISIONS RELATING TO
6 AN ACTION FOR LOSS OF CONSORTIUM DUE TO PERSONAL INJURY.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 30-2-11, Utah Code Annotated 1953
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 30-2-11 is enacted to read:
12 30-2-11. Action for consortium due to personal injury.
13 (1) For purposes of this section:
14 (a) "injury" or "injured" means a significant permanent injury to a person that substantially
15 changes that person's lifestyle and includes the following:
16 (i) a partial or complete paralysis of one or more of the extremities;
17 (ii) significant disfigurement; or
18 (iii) incapability of the person of performing the types of jobs the person performed before
19 the injury; and
20 (b) "spouse" means the legal relationship:
21 (i) established between a man and a woman as recognized by the laws of this state; and
22 (ii) existing at the time of the person's injury.
23 (2) The spouse of a person injured by a third party on or after May 4, 1997, may maintain
24 an action against the third party to recover for loss of consortium.
25 (3) A claim for loss of consortium begins on the date of injury to the spouse. The statute
26 of limitations applicable to the injured person shall also apply to the spouse's claim of loss of
27 consortium.

1 (4) A claim for the spouse's loss of consortium shall be:
2 (a) made at the time the claim of the injured person is made and joinder of actions shall
3 be compulsory; and
4 (b) subject to the same defenses, limitations, immunities, and provisions applicable to the
5 claims of the injured person.
6 (5) The spouse's action for loss of consortium:
7 (a) shall be derivative from the cause of action existing in behalf of the injured person; and
8 (b) may not exist in cases where the injured person would not have a cause of action.
9 (6) Fault of the spouse of the injured person, as well as fault of the injured person, shall
10 be compared with the fault of all other parties, pursuant to Sections 78-27-37 through 78-27-43,
11 for purposes of reducing or barring any recovery by the spouse for loss of consortium.
12 (7) Damages awarded for loss of consortium, when combined with any award to the
13 injured person for general damages, may not exceed any applicable statutory limit on noneconomic
14 damages, including Section 78-14-7.1.
14a S (8) DAMAGES AWARDED FOR LOSS OF CONSORTIUM WHICH A GOVERNMENTAL ENTITY IS
14b REQUIRED TO PAY, WHEN COMBINED WITH ANY AWARD TO THE INJURED PERSON WHICH A
14c GOVERNMENTAL ENTITY IS REQUIRED TO PAY, MAY NOT EXCEED THE LIABILITY LIMIT FOR ONE
14d PERSON IN ANY ONE OCCURRENCE UNDER TITLE 63, CHAPTER 30, GOVERNMENTAL IMMUNITY ACT. s




Legislative Review Note
as of 2-17-97 10:44 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 2 -





Text Box

Amend on 2_goldenrod March 4, 1997