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Leonardis v. Morton Chemical Co.

New Jersey Superior Court, Appellate Division


Decided: March 12, 1982.

ARCHIBALD LEONARDIS AND CHARLOTTE KROESCHEL, PLAINTIFFS-APPELLANTS,
v.
MORTON CHEMICAL COMPANY, DIVISION OF MORTON NORWICH PRODUCTS, A CORPORATION, AND ASTORLYN CORPORATION, DEFENDANTS-RESPONDENTS

On appeal from Superior Court of New Jersey, Law Division, Monmouth County.

Allcorn, Francis and Morton I. Greenberg. The opinion of the court was delivered by Allcorn, P.J.A.D.

Allcorn

[184 NJSuper Page 11]

The right of recovery for loss of consortium resulting to a wife by reason of an injury to her husband, is founded upon the marriage relation. Absent such relationship, the right does not exist, and thus no recovery may be had for loss thereof. Ekalo v. Construction Service Corp. , 46 N.J. 82 (1965). Cf. N.J.S.A. 37:1-10; Cassano v. Durham , 180 N.J. Super. 620 (Law Div.1981). See, also, Kozlowski v. Kozlowski , 80 N.J. 378, 387 (1979); Parkinson v. J. & S. Tool Co. , 64 N.J. 159, 164 (1974). We find no merit in and decline to follow Bulloch v. U.S. , 487 F. Supp. 1078 (D.N.J.1980). Accordingly, the right to recovery for loss of consortium does not inhere in a woman not married to her male consort who is injured.

Affirmed.

19820312


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