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LANTIS v. CONDON

Docket No. 45482.

95 Cal.App.3d 152 (1979)

157 Cal. Rptr. 22

ANNE LOUISE LANTIS, Plaintiff and Appellant, v. MICHAEL GILBERT CONDON et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

July 23, 1979.

Attorney(s) appearing for the Case

COUNSEL

Wyckoff, Parker, Boyle & Pope, Wyckoff, Richardson, Sanson, Allen & Locke-Paddon, Bruce A. Richardson and Charles E. Finney for Plaintiff and Appellant.

Richard B. Barrett and James D. Biernat for Defendants and Respondents.

OPINION

POCHE, J.

This is a loss of consortium case where the trial judge reduced plaintiff's recovery by the proportion of negligence attributable to her spouse. (1a) We hold that to be error because: (1) contributory negligence may not be imputed merely on the basis of a marital relationship, and (2) loss of consortium is not a derivative cause of action.

Anne is the wife of Mack Leroy Lantis. Mack was seriously...

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