Williams v. Alabama Neon Sign Co.

304 So. 2d 895, 293 Ala. 454

• Court: Supreme Court of Alabama
• Decided: December 5, 1974
• Docket: SC 862
• Status: Published

Opinion

PER CURIAM.

The sole question presented on this appeal is whether a wife may maintain an action for loss of her husband’s consortium in Alabama.

The trial court, following Smith v. United Construction Workers, District 50, 271 Ala. 42, 122 So.2d 153, dismissed the action on the ground that the wife had no cause of action. This court overruled Smith, supra, in Swartz v. United States Steel Corporation, 293 Ala. 439, 304 So.2d 881, this day decided. On the authority of Swartz, supra, the judgment is reversed and the cause is remanded.

Reversed and remanded.

HEFLIN, C. J., and HARWOOD, BLOODWORTH, FAULKNER and JONES, JJ., concur. MERRILL, COLEMAN, MADDOX and McCALL, JJ., dissent.