8.30 DAMAGES
— PER QUOD
B. Loss of Spouse's Services,
Society and Consortium Civil Model Jury Charge
(Approved 2/96)
A husband/wife is entitled to the
services of his/her spouse in attending to the household duties, to
companionship and comfort, and consortium, that is, marital relations. A plaintiff who is awarded a verdict is
entitled to fair and reasonable compensation for any loss of impairment of his
or her spouse's services, society or consortium because of injuries sustained
by him or her as a proximate result of the defendant's negligence (or other
wrongdoing). Damages may be awarded not
only for total loss of services but for a worsening of their quality.
[If appropriate the judge may charge,] Damages may
include but are not limited to out of pocket expenses incurred in engaging the
services of others to perform household duties previously attended to by his or
her spouse.
Cases: