Hay v. Med. Ctr. Hosp. of Vermont, 496 A.2d 939 (Vt. 1985). · cites it 4ד12 V.S.A. § 5431 (added 1977, No. 43). It did not, however, determine whether a wife could exercise the right to bring such a suit for a cause of action arising prior to the effective date of the statute.”
Whitney v. Fisher, 417 A.2d 934 (Vt. 1980). · cites it 8דOn April 19, 1977, the legislature expressly authorized the bringing of an action for loss of consortium by either spouse with the enactment of 12 V.S.A. § 5431. The operational effect of statutory provisions with respect to their retroactivity is governed by 1 V.”
Harris v. Sherman, 708 A.2d 1348 (Vt. 1998). · cites it 6דPlaintiff argues on appeal that 12 VS.A. § 5431, which provides that “[a] loss of consortium [claim] may be brought by either spouse” affords relief not only to persons formally married at the time of injury, but also to persons engaged to be married at the time of the accident…”
Baker v. State, 744 A.2d 864 (Vt. 1999). “§ 1492; the right to bring an action for loss of consortium, under 12 V.S.A. § 5431; the right to workers’ compensation survivor benefits under 21 V.”
Lorrain v. Ryan, 628 A.2d 543 (Vt. 1993). “Thus, the overall rule created by the statutory scheme is that a worker’s spouse has a right to recover for loss of consortium unless the injured employee is also entitled to workers’ compensation as a result of the accident.”
Derosia v. Book Press, Inc., 531 A.2d 905 (Vt. 1987). “The apparent incongruence between the statutory language and the underlying policy of the statute may bo due to the fact that a wife’s right to recover for loss of consortium was not recognized in this state until 1977 with the enactment of 12 V.S.A. § 5431, see 1977, No. 43,…”
Brennen v. Mogul Corp., 557 A.2d 870 (Vt. 1988). “12 V.S.A. § 5431. No error appears. Finally, defendant contends that the jury’s fact finding function on the damage issues was improperly invaded by the submission of special interrogatory No.”
letourneau v. claffey (Vt. Super. Ct. 2024). “The claim of loss of consortium may be a statutory claim under 12 V.S.A. § 5431 or a common law claim. Hey, 145 Vt.”
westcott v. cooper (Vt. Super. Ct. 2024). “See 12 V.S.A. § 5431 (“An action for loss of consortium may be brought by either spouse.”
Preston v. Copley Health (Vt. Super. Ct. 2026). “” Derosia v. Book Press, Inc., 148 Vt. 217, 220 (1987).”
Josinsky v. Uvm Med Ctr (Vt. Super. Ct. 2026). “A statutory right of consortium exists for spouses, 12 V.S.A. § 5431, and for parents to recover for “the loss of love and companionship of [a] child and for destruction of the parent- child relationship” in a wrongful death action, 14 V.”
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