Mueller v. Tepler

Summary

The court held that a domestic partner who was legally barred from marrying the injured partner may pursue loss of consortium if she can prove that they would have married or entered a civil union when the tort occurred but for that legal bar. Although the plaintiff forfeited objections to the appellate review of an unpreserved pleading issue, the appellate court committed plain error by affirming judgment without allowing amendment of the complaint. The judgment was reversed and remanded for an opportunity to amend and for further proceedings under the newly recognized rule.