west v city of SD

west v city of SD - Gary Hara West v City of SD Statement...

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Gary Hara West v City of SD Statement of facts - Husband seeks recovery of permanent damage on behalf of loss of consortium. - He sought for recovery of any loss of his wife’s services. She served as a clerk for his garage business. - The husband is not granted judicial review due to the fact that legislature did not oppose him seeking consortium, as it did a female. Concise statement of the issue in the case - Is Mr. West erroneously awarded recoveries, from loss consortium and loss of his wife’s services, through judicial review rather than legislative action? Statement of the applicable law - Deshotel v Atchison - Gist v French - Consortium - Meek v Pacific Electric Apply the rule to the facts of the particular case - His right to consortium is no greater than hers. Any interference is a violation. If one is granted rights, while the other is not, would be denial of equal protection granted by the state. -
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