Ledger

The first cause of action for wrongful death was brought on behalf of Richard Arters III, the son of Richard Arters II. The second and third causes of action for loss of consortium and negligent infliction of mental distress, were brought by Jennifer Ledger, who enjoyed a “stable and significant” nonmarital relationship with Richard Arters II, the decedent. The demurrer to the second and third causes of action were sustained without leave to amend, and Jennifer Ledger appeals from the judgment of dismissal.

Issues Presented

The appellant lived with the decedent for approximately two years and bore his child. Their plans to marry were twice frustrated due to circumstances beyond their control. Appellant witnessed her lover being stabbed, and he died in her arms. Does she have a cause of action for loss of consortium? Does she have a cause of action for negligent infliction of emotional distress?

Facts

Jennifer Ledger and Richard Arters II began cohabitating together in 1981, when Jennifer was 15 Vi years old and Richard was 19. They initially planned to be married on December 6, 1981, but, just prior to their wedding date, Richard was involved in a motorcycle accident.…

I respectfully dissent from that portion of the majority opinion that disallows a cause of action for loss of consortium. Because of the short interval between the injury suffered by Richard Arters II, and his death, the following discussion may be academic, but we are concerned only with whether Jennifer Ledger may state a cause of action for loss of consortium. I think she may.

*649 The majority gives as its most significant reason for failing to follow Butcher v. Superior Court (1983) 139 Cal.App.3d 58 [ 188 Cal.Rptr. 503 ], the vagueness of the standard it provides. It suggests that courts and juries will be confused by the standard and have to guess at its meaning. I submit it is no more difficult for a jury to determine what a “stable and significant” relationship is than it is for it to apply the reasonable doubt standard in a criminal case, or the reasonably prudent person standard in a negligence case.

In MacGregor v. Unemployment Ins. Appeals Bd. (1984) 37 Cal.3d 205 [ 207 Cal.Rptr. 823 , 689 P.2d 453 ], our Supreme Court found that MacGregor, an unmarried woman, left her employment in California for good cause so that she could live with her fiance, Bailey, and their…

McMAHON, J. [*]

The first cause of action for wrongful death was brought on behalf of Richard Arters III, the son of Richard Arters II. The second and third causes of action for loss of consortium and negligent infliction of mental distress, were brought by Jennifer Ledger, who enjoyed a "stable and significant" nonmarital relationship with Richard Arters II, the decedent. The demurrer to the second and third causes of action were sustained without leave to amend, and Jennifer Ledger appeals from the judgment of dismissal.

(1a) The appellant lived with the decedent for approximately two years and bore his child. Their plans to marry were twice frustrated due to circumstances beyond their control. Appellant witnessed her lover being stabbed, and he died in her arms. Does she have a cause of action for loss of consortium? Does she have a cause of action for negligent infliction of emotional distress?

Jennifer Ledger and Richard Arters II began cohabitating together in 1981, when Jennifer was 15 1/2 years old and Richard was 19. They initially planned to be married on December 6, 1981, but, just prior to their wedding date, Richard was involved in a motorcycle accident.…