U.S. District Court for the Eastern District of Louisiana, November 2, 2021
Plaintiff Ethel Sampey alleged that she was diagnosed with mesothelioma as a result of take-home exposure to asbestos from her uncle’s work at Avondale Shipyard from 1957 to 1965, and from her employment as a bartender at bars frequented by Avondale workers after their work in the shipyard from 1966 to 1979.
In her complaint she sought damages for, inter alia, loss of consortium, which includes “elements of loss of service, loss of love and affection, loss of society and companionship, loss of sexual relations, loss of support, and loss of felicity.” Several defendants moved to dismiss this particular cause of action for failure to state a claim upon which relief can be granted.
The court granted the motion, finding that Ms. Sampey had no legally cognizable claims for loss of consortium, service, and society, as her complaint only sought redress for her own injuries.The court noted that “the nature of a loss of consortium, service, and society claim is that another person has been injured, in a manner that, in turn, injures the plaintiff.” Sanchez v. Anco Insulations, Inc., 2021 WL 1564575, at *3 (E.D. La. Apr. 21, 2021) (collecting cases). Here, there was no such allegation.The court held that “[a] plaintiff does not have a colorable claim for loss of consortium, service, and society related to his or her own alleged injuries.” Accordingly, Ms. Sampey’s loss of consortium, service, and society claims were untenable as a matter of law and were dismissed.