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.
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.