This section contains the nature of the case and procedural background.

Whittlesey (D) hit Miller’s car in June 1974. In March 1976 Miller and D entered into a settlement agreement whereby Miller released D from liability for the accident for $9,650 in consideration. In June 1976, Miller’s wife (P) sued D for damages from loss of consortium. D was granted a summary judgment on the basis that a Texas wife could not recover for loss of consortium for the alleged negligent injury to her husband. The court of appeals reversed.

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