O.C.G.A. § 51-1-15 (2019)

Annotations

JUDICIAL DECISIONS Action based on loss of consortium. - Gist of an action for harboring the plaintiff ’s wife is the loss of ‘‘consortium,’’ which is a property right growing out of the marriage relationship, and includes the exclusive right to the services of the spouse and to the society, companionship, and conjugal affection of each other.

Hobbs v. Holliman, 74 Ga. App. 735, 41 S.E.2d 332 (1947). Action for loss of consortium must be brought within a two-year period from the date of injury. Pinkerton Nat’l Detective Agency, Inc. v. Stevens, 108 Ga. App. 159, 132 S.E.2d 119 (1963). Cause of action accrues when con-

sortium lost. - Cause of action accrues when or immediately after the society, affection, assistance, and conjugal fellowship, usually expressed by the term ‘‘consortium,’’ is lost without reference to words or acts which allegedly caused the loss. Hobbs v. Holliman, 74 Ga. App. 735, 41 S.E.2d 332 (1947). Pleadings. - Facts of harboring the wife being pled as inducement or explanatory of the gist of the cause of action for

loss of consortium, such acts are not required to be set forth with the same certainty as that required in setting forth the gist or the essential elements of the cause of action. Hobbs v. Holliman, 74 Ga. App. 735, 41 S.E.2d 332 (1947). Cited in Edwards v. Monroe, 54 Ga. App. 791, 189 S.E. 419 (1936); Hosford v. Hosford, 58 Ga. App. 188, 198 S.E. 289 (1938); Wright v. Lester, 105 Ga. App. 107, 123 S.E.2d 672 (1961).

RESEARCH REFERENCES Am. Jur. 2d. - 41 Am. Jur. 2d, Husband and Wife, §§ 2, 3.

C.J.S. - 41 C.J.S., Husband and Wife, § 239 et seq.