Lieding

Scott Lieding and Karey Lieding, husband and wife, sued Commercial Diving Center and Oceaneering International, Inc., alleging that on April 14, 1980, husband sustained personal injuries in a diving accident while he was a commercial diving student under the instruction and supervision of defendants; as a result of husband’s injuries, wife was deprived of his “services, social and consortium,” to which she is entitled. Husband sought damages for his injuries on several theories and wife (in the seventh cause of action of the complaint) sought damages for loss of consortium. Defendants moved for summary judgment on the seventh cause of action. The motion was supported by wife’s answers to interrogatories stating that she and husband were not married at the time of his alleged diving accident. In opposition to the motion plaintiffs submitted declarations wherein they stated that on March 9, 1980, husband asked wife to marry him; at that time they selected May 31, 1980, as the tentative wedding date; because of husband’s accident the wedding was postponed and plaintiffs were married on August 2, 1980. The motion was granted on the ground that wife cannot recover damages for…