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Romero v. Byers3/16/1994
omero v. Byers, we reverse and recognize a claim for loss of spousal consortium. In the related question certified to this Court by the Court of Appeals regarding the motion in limine, we affirm. Damages for loss of spousal consortium may not be awarded under the Act but must be sued for by the spouse or the personal representative in an individual capacity. Even though Mrs. Romero is now deceased, this action may be continued by her personal representative.
In the first question certified by the Federal District Court, Sears v. Nissan, we hold that the value of life itself is compensable under the Act. Admissibility of evidence directed at establishing this value is governed by the rules of evidence of the applicable trial court.
In the second question certified in Sears, we hold that loss of guidance and counseling by a minor child is a pecuniary injury under the Act and that SCRA 13-1830 does not bar recovery.
IT IS SO ORDERED.
GENE E. FRANCHINI, Justice
WE CONCUR:
SETH D. MONTGOMERY, Chief Justice
RICHARD E. RANSOM, Justice
JOSEPH F. BACA, Justice
STANLEY F. FROST, Justice
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