Erwin v. Thomas

506 P.2d 494 (1973)

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Nature of the Case

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Facts

D, while operating a truck in the state of Washington in the course of his employment for defendant Shepler, is alleged to have negligently injured P's husband. D is an Oregon resident and his employer, defendant Shepler, is an Oregon corporation. P and her husband are residents of Washington. Washington follows the common law rule that no cause of action exists by a wife for loss of consortium. Oregon allows such an action. P, being no fool, sued Ds in Oregon for loss of consortium. D moved to dismiss in that Washington law should apply. The court ruled against P and she appealed.