131 Ga. App. 599 | Ga. Ct. App. | 1974
The plaintiffs, husband and wife, jointly brought this suit. The husband’s action was for loss of service and medical expenses, which allegedly resulted from a tortious injury to his minor son. The wife based her claim on the allegations that at the time of the injury to her son she was gainfully employed at "public works” but was deprived of her ability to continue to work and earn money from the date of her son’s injury and for a continuing period of time. Defendant’s motion to dismiss the wife as a party and to strike the allegations of the complaint pertaining to her claim was denied and the denial certified for immediate review. Held:
The right to recover damages for loss of services and medical expenses from a tortious injury to a minor is in the father. Krasner v. O’Dell, 89 Ga. App. 718 (2) (80 SE2d 852). The wife contends that her claim is separate and distinct from her husband’s in that the discontinuing of her employment and the accompanying loss of wages were necessitated by her son’s injury as she had to care for him
The trial court erred in denying defendant’s motion and we direct the lower court to sustain defendant’s motion.
Judgment reversed with direction.