Bashaway v. Cheney Bros., Inc.

District Court of Appeal of Florida, First District · 2008 · Family Law

Family LawLoss of Consortiumloss of consortiumderivative claimlegal relationshipmarriage requirementsame-sex partnersfamily unit

Facts

Judith Bashaway and Melinda Garrison were in a committed, exclusive, intimate long-term relationship. Melinda was injured in an automobile accident and sued the appellees. Judith sought damages for loss of consortium based on Melinda's injuries. The parties were not legally married at the time of the injury, and Florida law prohibited recognition of marriage between persons of the same sex.

Issue

May an unmarried same-sex partner maintain a loss-of-consortium claim under Florida law based on the seriousness of the relationship, or by means of an exception to the marriage requirement because Florida law barred the couple from marrying?

Rule

Under Florida law, a loss-of-consortium claim is a derivative claim that depends on the existence of a legally recognized family relationship. Courts may not treat a committed unmarried relationship as the equivalent of a valid marriage for consortium purposes, and where Florida law does not recognize the marital relationship, the legal rights flowing from marriage, including consortium, likewise are not recognized absent some additional factor not present here.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Miami, Elena Cruz and Dana Mercer lived together for eighteen years in an exclusive romantic relationship, shared finances, and raised Dana's nephew together. After Dana was severely injured by a delivery truck owned by Gulf Harbor Produce, Elena sued the company for loss of consortium.

How should a Florida court most likely rule on Elena's consortium claim?

Explanation. Under the majority opinion, loss of consortium in Florida is a derivative claim that depends on a legally recognized relationship. A committed, exclusive, long-term relationship is not enough by itself, and courts may not create a case-by-case equivalent of marriage for consortium purposes. (Derived from Bashaway v. Cheney Bros., Inc. (n.d.).)