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Hogan v. Rose

Court Declines to Reinstate Loss of Consortium Claim in §1983 Action

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Presently set for trial in this Section 1983 and diversity action are Plaintiff Mark Hogan’s negligence claim against Defendant Frank Rose and Plaintiff’s trespass and false arrest claims against Defendant Wilbur Stanford, Jr. (See Dkt. Nos. 116, 120 (summary judgment orders)). In this decision the Court considers: (1) the parties’ letter briefing on whether Plaintiff Elizabeth Hogan has a surviving loss of consortium claim against Rose (Dkt. Nos. 128, 129) and (2) the parties’ motions in limine (Dkt. Nos. 138, 156, 168) and their responses thereto (Dkt. Nos. 173, 174, 175). The Court heard oral argument on the motions at the final pretrial conference on March 4, 2022. II. LOSS OF CONSORTIUM CLAIM On January 10, 2022, at the Court’s request, Plaintiffs Mark and Elizabeth Hogan and Defendant Rose filed letter briefs on whether Elizabeth Hogan has a surviving loss of consortium claim against Rose. (Dkt. Nos. 128, 129). Plaintiffs argue that the Court should allow the consortium claim to proceed to trial “to prevent a manifest injustice” because Plaintiffs have always alleged that the loss of consortium “was based, in part, on Plaintiff Mark Hogan’s physical injury” suffered as a result of Rose’s negligence. (Dkt. No. 128, at 4). Rose responds that Judge Kahn’s decision on the parties’ motions for summary judgment dismissed Elizabeth Hogan’s loss of consortium claim and that there is “no procedural or substantive basis” to reverse that portion of Judge Kahn’s decision or reinstate the claim on the eve of trial. (Dkt. No. 129, at 1). Plaintiffs’ complaint alleged loss of consortium claims against Rose and former defendant David Vandewater. (Dkt. No. 1, at

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