Loss of Consortium
In this case, Andaloc, Sheila v Iarnrod Eireann/Irish Rail, Federal Securities Ltd (in receivership), Caraher and Ward Ltd, the Plaintiff claimed for damages for loss of consortium and servitium suffered by reason of negligence and breach of duty of the defendants in causing serious personal injury to her husband. The main issue in the case was whether a valid, real and subsisting marriage existed at time of accident.
The Facts
The Plaintiff`s husband Benjie Andaloc suffered serious physical injury as well as a traumatic brain injury which in turn caused him to have a significant change in personality. Due to the foregoing, the plaintiff suffered loss of consortium and servitium. As a consequence of the permanent brain damage and associated change of personality suffered by her husband, the plaintiff’s marriage to Benjie Andaloc came to an end and he ultimately moved out of the family home in February 2008 and thereafter he was made a Ward of Court.
The Defence
The Defendants put all matters in issue, but particularly asserted that any loss of consortium or servitium suffered by the plaintiff was as a result of the institution and prosecution of matrimonial proceedings by her against her husband, and not otherwise. In particular the Defendants referred to certain marital difficulties between the Plaintiff and her husband both before and after his accident.
What is Loss of Consortium and Servitium?
Loss in marriage
A plaintiff spouse is entitled to damages to compensate for loss of services from his/her spouse if the evidence establishes the following ingredients:-
(1) A valid, real and subsisting marriage at all times relevant to the claim.
(2) Negligence or breach of duty by the defendants causing injury to his/ her spouse.
(3) Consequent upon that injury, that there is total or partial loss of the ordinary incidents of an ongoing marital relationship, quaintly described by Kingsmill Moore J. in Spaight v. Dundon [1961] I.R. 201 at 214 as “All the innumerable advantages, pleasures and consolations of married life…” This description is relevant in that it demonstrates that the tort protects and values all aspects of such life, including the presence of a spouse around, and contribution by them to a family unit founded on that marriage.
(4) The necessary causal link in fact and in law between the wrongful conduct of the defendants and the aforesaid total or partial loss.
Judgment
High Court, Dublin
In his Judgment delivered 10th December 2014, Mr Justice Tony Hunt ruled that, even thought the Plaintiff`s marriage relationship could not have been described as perfect and even though she did ultimately divorce her husband , the accident was the highly probable proximate cause of marriage breakdown and it was legally foreseeable that such consequences would flow from extensive injuries of the type inflicted on husband by the negligence of the defendants. Damages of €60,000 were awarded to the Plaintiff.
Legal Comment
It may not be only the injured victim who has a Cause of Action for compensation. A Claim for Loss of Consortium and Servitium can often be overlooked where a husband or wife in a marriage sustain serious injuries in an accident; so serious that the injuries that they have suffered prevent the injured spouse from contributing to the marriage and services within the home previously provided by that spouse.