Ill. Court Throws out Loss of Consortium Claim in Asbestos Suit, Says Couple Married After Injury Occurred

CHICAGO –– An Illinois federal court has dismissed a loss of consortium claim brought in a U.S. Naval asbestos exposure suit after determining that the plaintiffs’ marriage took place years after the alleged exposure occurred.

In the July 14 opinion, the U.S. District Court for the Northern District of Illinois rejected the plaintiffs’ contention that the state’s discovery rule can toll a loss of consortium claim, saying that the rule’s scope does not permit recovery on a loss of consortium claim for spouses married after the alleged injury occurred.

Plaintiffs Diane and Kenneth Smith filed the underlying suit, contending that …