Wright v. FARMERS'RELIANCE INS. CO.
This text of 314 So. 2d 641 (Wright v. FARMERS'RELIANCE INS. CO.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Hue WRIGHT, Appellant,
v.
The FARMERS' RELIANCE INSURANCE COMPANY OF NEW JERSEY, a New Jersey Corporation, and Jerome Wright, a Minor, Appellees.
District Court of Appeal of Florida, Third District.
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.
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314 So. 2d 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-farmersreliance-ins-co-fladistctapp-1975.