Bashaway v. Cheney Bros., Inc.
Florida Court of Appeal
987 So.2d 93 (Fla. Dist. Ct. App. 2008)
Bashaway (plaintiff) and Garrison (plaintiff) were in a committed, long-term intimate relationship but were not married, because Florida law at the time did not permit same-sex marriage. Garrison was injured in a car accident involving a vehicle owned by Cheney Brothers, Inc. (defendant) and sued Cheney; Bashaway joined the suit with a claim for loss of consortium. Cheney moved to dismiss Bashaway's claim on the ground that loss of consortium is available only to a legal spouse, and the circuit court granted the motion. Bashaway appealed, urging the court either to extend the claim to serious committed relationships or to carve out an exception to the marriage requirement.
Whether a committed, long-term intimate relationship is the legal equivalent of marriage for purposes of a loss-of-consortium claim.