The Loss of Consortium-Malicious Prosecution Nexus: No Recovery for Loss of Spousal Consortium Absent Physical Injury and No Recovery for Malicious Prosecution beyond the Person Prosecuted: Browning-Ferris Industries, Inc. v. Lieck

The article analyzes the Texas Supreme Court case "Browning-Ferris Industries, Inc. v. Lieck", which established critical boundaries regarding recovery for loss of consortium and malicious prosecution. It clarifies that claims for loss of spousal consortium require a demonstration of physical injury to the injured spouse, thereby limiting potential recovery. Additionally, the ruling confirms that malicious prosecution claims cannot extend recovery beyond the individual who was prosecuted, reinforcing the legal nexus between these two torts. The author discusses the implications of these rulings for future cases, emphasizing the court's focus on maintaining clear legal standards in tort law. Ultimately, this decision shapes the landscape of personal injury and tort claims in Texas, defining the limits of recovery in these intertwined areas.