Feliciano v. Rosemar Silver Co.
401 Mass. 141 (1987).
Author: Jim

Facts: Marcial Feliciano and the plaintiff filed an action against Miguel Costa and Rosemar Silver Company claiming that Marciel was injured by Miguel while he was working for Rosamer Company and plaintiff sustained loss of consortium.

Procedure:  Rosemar moved for summary judgment on the consortium claim and it was granted.

Issue: Can the plaintiff recover for loss of consortium if he is not legally married to the injured person?

Holding: No

Rationale:  Even though the plaintiff and Marcial lived together like married couple, they were not legally married.  According to the court: “Marriage is not merely a contract between the parties.  It is the foundation of the family.  It is a social institution of the highest importance.  The commonwealth has a deep interest that its integrity is not jeopardized.”