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Wal-Mart Stores6/6/2002
e award of damages for Pinky Frierson's loss of consortium claim was proper. Loss of consortium injuries must be something more substantive than a general statement that the injuries affected the marital relationship. In my opinion, the threshold of required proof for loss of consortium should be similar to what we require for emotional distress. There is no evidence to establish any of the crucial elements of the damage she suffered personally as a result of his injuries, such as mental anguish, lack of sexual and intimate relations, and strains on homemaking responsibilities after her husband's injury.
. In loss of consortium cases the plaintiff must establish separate and distinct damages which resulted from injury to his or her spouse to receive compensation. In Alldread v. Bailey, 626 So. 2d 99, 102 (Miss. 1993), we quoted Anderson v. Mutert, 619 S.W.2d 941, 945 (Mo. Ct. App.1981), as follows: " cause of action accruing to a party for loss of consortium is separate and distinct from that party's spouse suffering personal injury . The spouse seeking compensation for loss of consortium must show that he or she suffered damages arising out of the other's injuries. . . ."
. A good marriage, even under ideal conditions, is not a continuously enjoyable relationship. There will always be ups and downs in marriages, and these should not necessarily give rise to an award of damages unless the incident is of such magnitude that one could say that something over and above life's ordinary trials and tribulations occurred. On the record before the Court, Mrs. Frierson has demonstrated nothing more than an inconvenience and the award of damages should be considered a windfall.
. I therefore respectfully dissent and would reverse the award of damages for loss of consortium.
PITTMAN, C.J., JOINS THIS OPINION. SMITH, P.J., JOINS THIS OPINION IN PART.
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