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WHITNEY v. FISHER

No. 144-79.

417 A.2d 934 (1980)

Donald Lowell WHITNEY and Donna Lee Whitney v. Beatrice Barnes FISHER and Charles Morton Gates.

Supreme Court of Vermont.

Motion for Reargument Denied July 9, 1980.

Attorney(s) appearing for the Case

Fink & Birmingham, P. C., Ludlow, for plaintiff.

Richards & Lawlor, P. C., Springfield, for defendant.

Before BARNEY, C. J., DALEY, BILLINGS and HILL, JJ., and SPRINGER, D. J., specially assigned.

BILLINGS, Justice.

The sole issue in this case is whether as a matter of law a woman may recover for loss of consortium based on her husband's injuries. If so, the judgment below granting plaintiff, Donna Lee Whitney, such a recovery must be affirmed.

This action was commenced in 1976 upon a cause arising in 1973. On April 19, 1977, the legislature expressly authorized the bringing of an action for loss of consortium by either spouse with the enactment of...

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