Pesce

Plaintiff Willa Mae Pesce (hereinafter Wife) appeals from the order of the trial court dismissing her action for loss of consortium against defendants-respondents Global Marine, Inc., Summa Corporation, and Lockheed Missile and Space Company, Inc. after general demurrers were sustained without leave to amend.

The Case

The complaint of Louis Pesce, Jr., (hereinafter Husband) alleges that on or about December 1, 1973, he was engaged as a harbor worker, working on the vessel Hughes Glomar Explorer, berthed in Long Beach Harbor, California, on navigable waters of the United States, when he was struck by a piece of falling wood and seriously injured. His action for damages for personal injuries is based on the alleged negligence of defendants-respondents.

In November 1974, Wife joined as a party plaintiff by leave of the court and thereafter Husband and Wife filed a first amended complaint. In the second cause of action in that amended complaint Wife alleged that she had suffered damages for loss of consortium which occurred as the result of Husband’s injury.

Demurrers to the second cause of action were filed by defendants-respondents on the ground the case is controlled…