Feliciano v. Rosemar Silver Co. – Case Brief
Feliciano v. Rosemar Silver Co., 401 Mass. 141 (1987).
Facts: Marcial and Dolores Feliciano (P) sued Costa and Rosemar (D) claiming that Marcial sustained personal injuries as an employee of Rosemar and Feliciano sustained a loss of consortium. Marcial and Feliciano were not in fact married but lived together as a de facto married couple. The court granted D’s motion for summary judgment on the loss of consortium claim and P appealed.
Issue: Can a member of a de facto married couple recover for loss of consortium?
Holding and Rule: No. A de facto married couple does not enjoy the same rights as a married couple.
The court held that marriage is not merely a contract between parties; it is a highly important social institution. The court held that the recognition of the right to recover for loss of consortium by a person who has not accepted the responsibilities of marriage is not recognized. Tort liability cannot be extended without limit.
Disposition: Affirmed.