evidence was presented to the jury from which it could conclude that the Tyngsborough Police Department’s negligence facilitated the departure of Ms. Lamare’s children and directly caused Ms. Lamare’s emotional distress. The plaintiff presented testimony that she told the Town that Mr. Voulgarelis would possibly leave the United States via New York and that the Town assured her that contact would be made with the New York authorities. The plaintiff presented evidence that neither the Town nor any other law enforcement agency in contact PRIMA FACIE CASE — PROOF AND DEFENSE §43.3 (4th ed. 1997). A loss of consortium claim requires proof of a tortious act that caused the prerequisite injury of the person seeking compensation for injury. See Sena v. Commonwealth, 417 Mass. 250, 264 (1994) (<HOLDING>); 17A BISHOP, MASS. PRACTICE §43.3.
recognizing loss of consortium claims recognizing that loss of consortium is a right of action separate from that of the spouse holding that wifes recovery for loss of consortium should not be reduced by the proportion of negligence attributable to husband because claim for loss of consortium is independent of the damages claim of the injured spouse holding that absent an actionable injury to one spouse the other spouse cannot recover for loss of consortium holding that as a general rule a claim for spousal loss of consortium requires proof of a tortious act that caused the claimants spouse personal injury