WHITTLESEY v. MILLER

No. B-7551.

572 S.W.2d 665 (1978)

David Andrew WHITTLESEY, Petitioner, v. Ann P. MILLER, Respondent.

Supreme Court of Texas.

Rehearing Denied November 22, 1978.


Attorney(s) appearing for the Case

Lancaster Smith and Harvey L. Davis, Dallas, for petitioner.

Johannes, Robertson & Wilkinson, Ronald L. Wilkinson, Dallas, for respondent.


McGEE, Justice.

The question presented by this appeal is whether one spouse has an independent action for loss of consortium as a result of physical injuries caused to the other spouse by the negligence of a third party. The vehicle Stewart Miller was driving was involved in a collision with a vehicle driven by David Whittlesey in June 1974. In March 1976, Miller and Whittlesey entered into a settlement agreement whereby Miller released Whittlesey from liability in...

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