Zwicker

In March 1999, Gary Zwicker suffered an injury that resulted in the loss of his left testicle. In February 2000, after three tests showed he was infertile, Gary married plaintiff Valri Ann Zwicker. Two weeks later, Gary and Valri sued various defendants who they claimed had failed to diagnose Gary’s condition in time to prevent the loss of his testicle and his infertility. The trial court granted summary judgment against Valri on her cause of action for loss of consortium on the ground she was not married to Gary at the time her claim arose.

On appeal, Valri claims her cause of action for loss of consortium did not accrue until she knew or should have known that Gary’s infertility was permanent, which did not occur until after they were married. We conclude Valri’s knowledge of Gary’s infertility is irrelevant as to whether she has a valid cause of action for loss of consortium. Because she was not married to Gary at the time of the alleged misdiagnosis, Valri never had a valid cause of action for loss of consortium, and her alleged postmarital discovery of Gary’s permanent infertility could not create a cause of action where one did not exist in the first place.…