13-1810A. Loss of consortium; definition.
Loss of consortium is a claim to recover compensation for damage to certain relationships. To recover for loss of consortium, ____________ (name of loss of consortium claimant or names of loss of consortium claimants) must show that ___________ (name of loss of consortium claimant or names of loss of consortium claimants) and [__________ (name of injured party)] [__________ (name of decedent)] had a mutually dependent relationship. Mutual dependence means that __________ (name of loss of consortium claimant or names of loss of consortium claimants) and [__________ (name of injured party)] [________ (name of decedent)] relied on the relationship and could not enjoy life in the same way once [the injury took place] [after the death].
In deciding whether a relationship is mutually dependent, factors to consider may include:
[The duration of the relationship;]
[The degree of mutual dependence;]
[The extent of common contributions to a life together;]
[The extent and quality of shared experience;]
[Whether __________ (name of loss of consortium claimant or names of loss of consortium claimants) and [_________(name of injured party)] [________ (name of decedent)] were members of the same household;]
[Their emotional reliance on one another;]
[The particulars of their day-to-day relationship;]
[The manner in which __________ (name of loss of consortium claimant or names of loss of consortium claimants) and [_________(name of injured party)] [________(name of deceased party)] related to each other in addressing life’s day-to-day requirements;]
[Other ____________.]
USE NOTES
This instruction should be given when there is a jury question as to whether a claimant or claimants had a sufficiently close relationship with an injured or a deceased person to recover for loss of consortium. When this instruction is given, UJI 13-1810B NMRA should also be given.
[Adopted, effective October 1, 1996; as amended, effective March 20, 2000; as amended by Supreme Court Order No. 19-8300-014, effective for all cases pending or filed on or after December 31, 2019.]