Wachocki v. Bernalillo Cty. Sheriff's Dep't - 2011-NMSC-039, 150 N.M. 650, 265 P.3d 701

Rule:

Mutual dependence is the key factor in determining whether a loss of consortium claimant shared a sufficiently close relationship with the injured party.

Facts:

This appeal involves the loss-of-consortium claim brought by Bill Wachocki (Bill), the adult brother of Jason Wachocki (Jason). Twenty-two-year-old Jason was killed when his vehicle was struck by a speeding van driven by Willie Hiley (Willie), a corrections officer at the Metropolitan Detention Center (jail). Bill argues his loss-of-consortium claim was improperly foreclosed by the application of the "mutual dependence" standard which was developed for spousal-type relationships. The Court of Appeals upheld the denial of his loss-of-consortium claim.

Issue:

Was Bill’s loss-of-consortium claim improperly foreclosed by the application of the "mutual dependence" standard which was developed for spousal-type relationships?

Answer:

No

Conclusion:

The court clarified that recovery for loss of consortium could extend to sibling relationships. However, the facts presented in the case did not exhibit the mutual dependence required for recovery. The brothers were roommates and shared a small amount of financial responsibilities, but their relationship did not exhibit the mutual dependence required for recovery.