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DIAZ v. ELI LILLY & CO.

364 Mass. 153 (1973)

302 N.E.2d 555

MILAGROS DIAZ vs. ELI LILLY AND COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

October 10, 1973.

Attorney(s) appearing for the Case

Paul R. Sugarman (James S. Robbins with him) for the plaintiff.

Joseph L. Cotter (Dennis O'Dea with him) for the defendant.

TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

KAPLAN, J.

A spouse suffers bodily injuries through the negligence of a third party. Does the other spouse have a claim against the tortfeasor for a loss of consortium that results from the injuries? The present appeal provides us with an opportunity to reconsider this question1 upon which the common law has spoken in recent years with exceptional vigor.

The case arises on the pleadings...

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