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Comparative Negligence and "Loss of consortium claim"

In the previous juror misconduct case from the SC Supreme Court case, the court addressed a separate issue related to comparative negligence. South Carolina has adopted the comparative negligence standard:

Berberich v. Jack, 392 S.C. 278, 286, 709 S.E.2d 607, 611 (2011)

In Either v. Fairfield Memorial, the husband sued for medical malpractice and his wife also filed a claim for loss of consortium. The jury returned a plaintiff’s verdict for 1.75 million for husband and 250,000 for wife. However, the jury apportioned the fault at 30% to the doctor and 70% to the husband. Because the plaintiff/husband was more than 50% at fault, the judge entered a defense verdict for both claims, husband and wife.

The court did not rule on the issue of the two claims and comparative negligence, but saved that for another day:


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