Lozoya v. Sanchez
New Mexico Supreme Court
66 P.3d 948 (2003)
Ubaldo and Sara Lozoya (plaintiffs) had been together over 30 years, raised three children, shared a last name, jointly owned a home, and filed taxes together, though they did not formally marry until a few months after Ubaldo's first car accident, which caused pain that ended their social life and strained their intimate relationship, worsened further by a second accident the following year. Sara brought loss-of-consortium claims against drivers Diego Sanchez and Philip McWaters and their employers (defendants); the trial court barred her claim against Sanchez since the couple had not been formally married at the time of that accident, the jury found McWaters not negligent, and Sara recovered nothing, prompting her appeal.
Whether only those in a sufficiently close relationship with the person injured may recover for loss of consortium.