Neloms v. Mathis
| Decision Date | 24 October 1958 |
| Docket Number | No. 1,No. 37374,37374,1 |
| Citation | 105 S.E.2d 768,98 Ga.App. 465 |
| Parties | Alfonzia NELOMS v. Frank MATHIS et al |
| Court | Georgia Court of Appeals |
Randall Evans, Jr., Thomson, for plaintiff in error.
Knox & Neal, Stevens & Stevens, Robert Stevens, Thomson, for defendants in error.
Syllabus Opinion by the Court
Assuming for the sake of argument, that the plaintiff could not maintain an action for the loss of service of his minor child on the ground that the child was of such tender age as to be incapable of rendering such service, still the plaintiff also sought to recover damages for medical expenses incurred in the treatment of the child and for these damages he could maintain an action. Krasner v. O'Dell, 89 Ga.App. 718(2), 80 S.E.2d 852.
Since the petition stated a cause of action for at least the medical expenses, the court erred in sustaining the general demurrer and in dismissing the action. Lucas v. Neidlinger, 210 Ga. 557(5), 81 S.E.2d 825; Reardon v. Bland, 206 Ga. 633(5), 58 S.E.2d 377; Gay v. Healan, 88 Ga.App. 533(4), 77 S.E.2d 47; Davis v. Atlanta Gas Light Co., 82 Ga.App. 460(e), 61 S.E.2d 510.
Judgment reversed.
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Pinkerton Nat. Detective Agency, Inc. v. Stevens
...is not good if any part of the petition states a cause of action. Echols v. Thompson, 210 Ga. 37, 77 S.E.2d 521; Neloms v. Mathis, 98 Ga.App. 465, 105 S.E.2d 768. Insofar as this action seeks to recover medical expenses, this is a property right subject to a four year statute of limitation.......
- Witherspoon v. Wright, 37404