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AMI 2211 Measure of Damages—Loss of Consortium

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2211
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 22. Damages
AMI 2211 Measure of Damages—Loss of Consortium
[If you find for on [his][her] claim for loss of consortium (against any party [he][she] is suing)] [If an interrogatory requires you to assess the damages of for loss of consortium], you should award [him][her] such damages as from the evidence would fairly compensate [him][her] for the reasonable value of any loss of the services, society, companionship, and marriage relationship of [his][her][wife][husband] proximately caused by the [negligence][or][fault] of [or ].
COMMENT
Either spouse can recover for loss of consortium. Missouri Pac. Transp. Co. v. Miller, 227 Ark. 351, 299 S.W.2d 41 (1957) (recovery by wife); Little Rock Gas & Fuel Co. v. Coppedge, 116 Ark. 334, 172 S.W. 885 (1915) (recovery by husband).
Loss of consortium is a derivative action. Sisemore v. Neal, 236 Ark. 574, 367 S.W.2d 417 (1963).
A child does not have a right of action to recover for the loss of a parent's consortium. Lewis v. Rowland, 287 Ark. 474, 701 S.W.2d 122 (1985).
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