Green v. Southern Railway Co.

ORDER

HEMPHILL, District Judge.

Defendant moved the court to strike from the Complaint the language1 which, in essence, seeks recovery for loss of consortium. A brief survey of the facts reveals that plaintiff, as a passenger, and her husband, as the driver, were in a crossing collision involving defendant’s train. The husband was killed, and this language is not directed toward recovery of loss of services (consortium) pri- or to his death but only those which are alleged to have occurred, and will occur, subsequent to his demise.

Defendant positions that all damages “due to the death of…