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Lawskills.com Georgia Caselaw
WALDEN v. COLEMAN.
39201.
Action for damages. DeKalb Superior Court. Before Judge Dean.
JORDAN, Judge.
The plaintiff's petition, seeking damages for the loss of consortium of her husband who died approximately 2 1/4 hours after receiving the tortious injury, stated a cause of action as against general demurrer for her loss of consortium for such period of time.
Mrs. O. M. Walden brought her action in the Superior Court of DeKalb County against W. C. Coleman to recover damages for the loss of consortium of her husband, who was injured in an automobile collision while riding as a guest passenger in an alleged family-purpose car, being operated by the defendant's wife. The petition disclosed that the plaintiff's husband died approximately 2 hours and 15 minutes after receiving the injuries in the collision. The trial judge sustained the defendant's general demurrer to the petition and the exception is to that judgment.
The sole question for determination by this court at this time is whether or not the instant petition as against general demurrer stated a cause of action in favor of the plaintiff for the loss of consortium of her husband, where it affirmatively appeared from said petition that the husband died approximately 2 hours and 15 minutes after the tortious injury.
It is now recognized in this State that a wife has an independent cause of action for the loss of consortium of her husband due to a tortious injury inflicted upon him, although she may not in such action recover any item of damages which would be a proper item of damages in an action directly by the husband. Brown v. Ga.-Tenn. Coaches, Inc., 88 Ga. App. 519 (77 SE2d 24); Gordy v. Powell, 95 Ga. App. 822 (99 SE2d 313); Bailey v. Wilson, 100 Ga. App. 405 (4) (111 SE2d 106); Lunsford v. L. & N. R. Co., 101 Ga. App. 374 (114 SE2d 310), reversed on other grounds, 216 Ga. 289 (116 SE2d 232).
Accordingly, since it is alleged in the instant petition that the plaintiff's husband lived approximately 2 1/4 hours after the infliction of the tortious injury, the petition stated a cause of action as against general demurrer for the plaintiff's loss of consortium for such period of time and the trial court therefore erred in sustaining the general demurrer.
N. Forrest Montet, Pickett, Pickett, Ackerman, Shipley & Montet, for plaintiff in error.
DECIDED JANUARY 9, 1962 -- REHEARING DENIED JANUARY 26, 1962.
Friday May 22 23:13 EDT


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