A. Aida Kelsaw v. Union Pacific Railroad Company, a Utah Corporation

Appellant Kelsaw seeks to overturn the dismissal of her complaint by the district court. In dismissing the complaint the district court held that the Federal Employer’s Liability Act (FELA), 45 U.S.C. §§ 51-60 (1976), authorizes no cause of action by the spouse of a railroad employee for loss of consortium. We affirm.

I.

SUMMARY OF COMPLAINT

Plaintiff-appellant alleged in her complaint that the defendant-appellee was a corporation that operated a railroad and was engaged in interstate commerce. It was also alleged that plaintiff-appellant’s husband was an employee of the defendantappellee and worked as a brakeman at the time when he was injured as a result of defendant-appellee’s negligence. Because of the injury and the employer’s negligence the complaint asserts that “the plaintiff has a loss of consortium claim for damages in the sum of $500,000 general damages.” The prayer for relief seeks a judgment in that amount.

II.

ANALYSIS

Appellant admits that the dismissal was proper under existing law. We have held specifically that the spouse of an injured railroad employee may not sue for loss of consortium under FELA. Jess v. Great Northern Railroad Co., 401 F.2d 535 (9th…