Wright v. Farmers' Reliance Ins. Co. of New Jersey, 74-1567

• Decision Date: 24 June 1975
• Docket Number: No. 74-1567,74-1567
• Citation: 314 So.2d 641
• Parties: Hue WRIGHT, Appellant, v. The FARMERS' RELIANCE INSURANCE COMPANY OF NEW JERSEY, a New Jersey Corporation, and Jerome Wright, a minor, Appellees.
• Court: Florida District Court of Appeals

Page 641

314 So.2d 641

Hue WRIGHT, Appellant, v. The FARMERS' RELIANCE INSURANCE COMPANY OF NEW JERSEY, a New Jersey Corporation, and Jerome Wright, a minor, Appellees.

No. 74-1567.

District Court of Appeal of Florida, Third District.

June 24, 1975.

Harold A. Turtletaub, Miami, for appellant.

Cushman & Cushman, Miami, for appellees.

Before BARKDULL, C. J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

This is an appeal from an order dismissing with prejudice the second cause of action in a two-count complaint. Under the second count, the appellant sought to bring a derivative claim against the Farmers Reliance Insurance Company of New Jersey, insurer, and Jerome Wright, a minor son of the appellant, for injuries sustained by another son, James Elson Wright, by reason of the negligence of his brother, Jerome.

The sole point on appeal is whether a father can maintain a derivative action against his unemancipated minor son and his insurer for loss of services and medical expenses incurred as a result of injuries sustained by another unemancipated son.

We hold that he cannot. See, Orefice v. Albert, Fla.1970, 237 So.2d 142; Meehan v. Meehan, Fla.App.1961, 133 So.2d 776.

Affirmed.