## Facts

- In June 1974, Stewart Miller was injured when his vehicle collided with a vehicle driven by David Andrew Whittlesey.
- In March 1976, Stewart Miller settled with Whittlesey for $9,650 and executed a release of Whittlesey for liability arising from the accident.
- In June 1976, Stewart’s wife, Ann P. Miller, sued Whittlesey alleging that his negligence caused her husband’s injuries and deprived her of spousal consortium (including affection, companionship, comfort, and sexual relations).

## Issues

1. Whether Texas law recognizes an independent cause of action by either spouse for loss of consortium resulting from negligent physical injury to the other spouse.
2. Whether the injured spouse’s settlement and release of the tortfeasor bars the non-injured spouse’s subsequent loss-of-consortium claim.

## Decision

- The Texas Supreme Court affirmed the court of civil appeals’ reversal of summary judgment for Whittlesey.
- The Court held that either spouse may recover for loss of consortium caused by a third party’s negligence that physically injures the other spouse.
- The Court held that Stewart Miller’s settlement and release did not extinguish Ann Miller’s consortium claim because it is a separate right belonging to her.
- The case was permitted to proceed on Ann Miller’s consortium claim.

## Legal Principles

- The marital relationship is a legally protected familial interest; negligent or intentional impairment of that relationship may support a tort recovery for loss of consortium.
- Consortium consists primarily of intangible marital interests, including affection, solace, comfort, companionship, society, assistance, and sexual relations; in Texas, it does not include spousal “services.”
- A loss-of-consortium claim is derivative in the sense that it depends on the viability of the underlying tort claim (and is subject to related defenses), but it remains an independent claim owned by the non-injured spouse with distinct damages.
- An injured spouse cannot unilaterally release or settle the other spouse’s independent consortium claim absent an agreement that extinguishes that spouse’s rights.

## Conclusion

Texas recognized a gender-neutral, independent spousal cause of action for loss of consortium based on negligent injury to the other spouse and held that the injured spouse’s settlement and release does not, by itself, bar the non-injured spouse’s consortium suit.


Whittlesey v. Miller, 572 S.W.2d 665 (Tex. 1978)