Not in the Mood

December 11, 2013

  • 205 Husband and Wife
  • 205VI Actions
  • 205k206 Rights of Action by Husband or Wife or Both
  • 205k209 For Torts
  • 205k209(3) k. Personal Injuries to Wife Resulting in Loss of Services or Consortium, Impairment of Earning Capacity, or Expenses.

205 Husband and WifeAward of $5,000 in loss of consortium damages to husband of restaurant customer who bit into a cockroach in a chili dog was supported by testimony of husband that, after the cockroach incident, his wife was so disgusted and nauseated in the presence of food that he had to do all of the cooking, that he had to eat his meals alone, that his wife still could not eat an entire meal as of the trial date, that there was friction in their relationship after the incident that had not been there before, and that they did not have sex for a few months after the incident because his wife was not in the mood.

Bullara v. Checker’s Drive-In Rest., Inc., 736 So. 2d 936 (La. App. 3 Cir. 1999)

Suggested by James J. Reeves; Associate, Galloway Johnson Tompkins Burr and Smith; New Orleans, La