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Lane v. Deere and Co.3/21/2003
e date of injury and the date of death. It does not reach beyond. Clark, 910 S.W.2d at 252.
The trial court properly granted summary judgment on Judith Denniston's claim for loss of consortium. The case is on point with Brooks, 549 S.W.2d 91. In Brooks, the husband of the plaintiff died of asphyxiation while he was at work and in the process of cleaning out a furnace. The Supreme Court upheld the dismissal of her loss of consortium claim, stating:
This claim fails because it is well-settled law that her recovery would be limited to damages which she sustained before her husband's death. Prosser on Torts, 4th Ed., 899. His death occurred instantaneously while at work. Consequently, she lost no services, society, fellowship or affectionate relations prior to death. Rogers v. Fancy Farm Telephone Co., 160 Ky. 841, 170 S.W. 178 (1914); Loew v. Allen, Ky., 419 S.W.2d 734 (1967). Id. at 92.
We are persuaded that Denniston's death was "instantaneous" in the same respect as the asphyxiation death suffered by the decedent in Brooks. Further, as in Brooks, Denniston was also at work. Judith Denniston did not learn of Denniston's death until after the fact, and she lost no services, society, fellowship, or affectionate relations prior to his death. There was no appreciable length of time following the accident and the death of Denniston, and the trial court properly granted summary judgment on Judith Denniston's claim for loss of consortium.
For the foregoing reasons the judgment of the Fayette Circuit Court is affirmed.
ALL CONCUR.
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