Medley v. Strong

Illinois Appellate Court · Family Law

Family LawLoss of ConsortiumUnmarried Cohabitantsloss of consortiummarriageunmarried cohabitantscommon law marriageIllinois public policy

Facts

Carolyn Medley and Oscar Medley had lived together for 10 years and represented themselves as married, but they were not legally married. Oscar allegedly received negligent medical treatment for priapism, which led to complications and eventual amputation of his penis. Carolyn sought damages for loss of consortium arising from those injuries. She argued that despite the absence of a marriage license, common law tort principles should allow her claim.

Issue

May an unmarried cohabitant maintain a cause of action for loss of consortium against third parties for negligent injuries to her long-term partner? More specifically, does Illinois law permit expansion of consortium claims beyond legal spouses based on foreseeability or changing social realities?

Rule

In Illinois, a loss of consortium claim is a marital claim arising out of the marriage relation and is not available to unmarried cohabitants. Courts will not expand common law tort principles to create consortium rights for nonmarital relationships where doing so would conflict with Illinois policy refusing to recognize common law or marriage-like legal status outside formal marriage.

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

In Chicago, Nina Alvarez and Jordan Pike lived together for 14 years, shared a home, and told neighbors they were husband and wife, but they never obtained a marriage license. After Jordan was permanently injured in a negligently caused construction accident, Nina sued the contractor for loss of consortium.

How should an Illinois court rule on Nina's consortium claim?

Explanation. Illinois treats loss of consortium as a claim arising from the marriage relation. Under the majority opinion, an unmarried cohabitant has no legal capacity to assert consortium merely because the relationship was long-term or marriage-like. Foreseeability and the parties' self-presentation do not substitute for a lawful marriage. (Derived from Medley v. Strong (n.d.).)