In any civil action arising out of personal injury or property damage, as a result of which personal injury or property damage the husband or parent of the plaintiff has made or will be compelled to make expenditures or has contracted indebtedness, the amount of such expenditures or indebtedness may be recovered by the plaintiff, provided a recovery by the plaintiff shall be a bar to any claim by such husband or parent, except in an action in which the husband or parent is a defendant.
(1949 Rev., S. 7947; 1951, S. 3181d.)
Cited. 117 C. 686. Damages due to incapacity of wife by reason of personal injury are recoverable by her and not her husband; but right to recover sums actually paid by husband because of her incapacity is in him. 125 C. 390. In absence of endorsement on writ by husband, wife may recover expenditures if it is not reasonably probable that husband would have to pay them but probable that she will be called upon to do so. 129 C. 361. When a minor child is injured by the negligent act of a third party, two independent causes of action spring into existence; first, the right of action by the child for personal injuries; second, a right of action by the parent for consequential damages. 147 C. 333. Cited. 153 C. 363; 165 C. 490; 200 C. 290.
Husband must endorse his consent upon the complaint prior to service on defendant. 4 CS 147. Transfer by parent of his right of action for consequential damages has all the attributes of an assignment. 7 CS 480. Cited. 19 CS 480. Vicarious contributory negligence or concurring negligence of parent does not bar plaintiff's recovery of consequential damages. 28 CS 493. Wife may sue for husband's medical expenses for which she is legally liable. 32 CS 156.
Notes of Decisions
Savona v. Gen. Motors Corp., 640 F. Supp. 6 (D. Conn. 1985).
· cites it 15× “Count Seven: Recovery Under Conn. Gen.Stat. § 52-204 In the Seventh Count of the complaint the plaintiffs allege: As a result of defendants’ actions as set forth in the First through Sixth Counts inclusive which caused Leonard Savona’s injuries and losses all as outlined above,…”
Dzenutis v. Dzenutis, 512 A.2d 130 (Conn. 1986).
· cites it 2× “Although General Statutes § 52-204 authorizes the recovery of medical expenses in an action solely in behalf of the injured child and makes the recovery in such action a bar to any claim by the parent for such expenses, the statute does not mandate that procedure.”
Cimino v. Yale Univ., 638 F. Supp. 952 (D. Conn. 1986).
· cites it 3× “Plaintiffs seek support in Conn.Gen. Stat. § 52-204 which provides that, if the parent of a plaintiff “has made or will be compelled to make expenditures” because of the injury to the plaintiff, “the amount of the expenditures .”
Langs v. Harder, 338 A.2d 458 (Conn. 1973).
· cites it 4× “General Statutes § 52-204; Wright, Connecticut Law of Torts (2d Ed.”
Botelho v. Curtis, 267 A.2d 675 (Conn. Super. Ct. 1970).
· cites it 2× “, supra, by bringing this action in favor of the minor plaintiff, or it be considered that § 52-204 vests the right to recover these expenses in the minor plaintiff, the exclusive right of the minor plaintiff in this action to recover them must be recognized and respected.”
Foran v. Carangelo, 216 A.2d 638 (Conn. 1966).
“In short, if the first and third counts had been clearly limited, as were the second and fourth, to claims of damage directly flowing from the wife’s death, the demurrers to the first and third counts would have been properly sustained.”
Quinn v. Gilormine, 344 A.2d 275 (Conn. Super. Ct. 1975).
· cites it 4× “The defendants Gilormine demur to the seventh count of the complaint by a wife for the medical expense of her injured husband on the grounds that General Statutes § 52-204 limits a claim for medical expense to the husband or parent of an injured person and that there is no such…”
Annotations are extracted automatically from the opinions in the
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