Release Did Not Cover Loss of Consortium Claim

The Nebraska Supreme Court has held that a husband of a personal injury claimant who did not sign a release of his claim could maintain an action for loss of consortium arising from the injury even though his wife released her claim.

The Court said that the claim for loss of consortium was an independent claim and that there was no evidence that the release executed by the claimant released his claim for loss of consortium or gave his wife authority to release his claim.

The case is Simms v. Vicorp Restaurants, 272 Neb. 744 (2006).  The link to the opinion itself does not work this morning (the Court’s website must be down) but here is a link to a summary of the opinion which has a link to full opinion.