Coleman v. Stitt

This case presents issues of first impression that call for the construction of certain language contained within Code of 1975, § 6-5-390, and incorporated by reference into §6-5-391. Section 6-5-390 was amended in 1979 to eliminate the priority of right given to the father to bring an action for the personal injury (or wrongful death, see § 6-5-391) of his minor child. Sections 6-5-390 and -391 now give "[a] fatheror a mother, . . . [who] are lawfully living together as husband and wife, . . . an equal right tocommence an action for an injury to their minor child" or the wrongful death of…