258 N.E.2d 109
No. 68-594Supreme Court of Ohio.
Decided April 22, 1970.
Husband and wife — Equal rights — Wife’s action against tort-feasor for injuries to husband — Loss of services and consortium.
CERTIFIED by the Court of Appeals for Hamilton County.
This action was brought by Eugenia E. Braun seeking to recover damages for loss of the services and consortium of her husband which resulted from injuries negligently inflicted upon her husband by the defendants.
Defendants’ motion to dismiss the petition on the ground that a wife does not have a cause of action for the loss of the consortium of her husband due to an injury caused by the negligence of a tort-feasor was granted by the trial court.
Upon appeal, the Court of Appeals affirmed the judgment of the trial court and certified the case to this court, finding its judgment to be in conflict with the judgment of the Court of Appeals of the Seventh Appellate District in Durham v. Gabriel
(now pending in this court and decided this day) and Leffler v Wiley (Franklin County 1968), 15 Ohio App.2d 67.
Messrs. Kelley, Grossheim Bavely, for appellant.
Messrs. Rendigs, Fry, Kiely Dennis and Mr. D. Marc Routt, for appellees.
Per Curiam.
The judgment of the Court of Appeals is reversed and the cause remanded to the Court of Common Pleas for further proceedings on authority of Clouston
Page 78
v. Remlinger Oldsmobile Cadillac, Inc. (1970), 22 Ohio St.2d 65.
Judgment reversed.
O’NEILL, C.J., SCHNEIDER, HERBERT, DUNCAN and CORRIGAN, JJ., concur.[*]
MATTHIAS, J., not participating.