I recently posted here that the Second Circuit held that for a loss of consortium claim related to an asbestos related injury, the claimant need only be married to the injured party when the disease is diagnosed. The First Circuit has followed suit in Leonard v. John Crane, Inc. The court made this additional observation in Leonard, because Leonard’s husband, John, and voluntarily dismissed his personal injury claim against Crane:
John’s dismissal of his cause of action against Crane has no impact on Sandra’s ability to pursue her loss of consortium claim. They are separate causes of action. John’s dismissal was in any event without prejudice, and can have no arguable res judicata or collateral estoppel effect on Sandra’s loss of consortium claim.