Pekrol v. Collins

Evans, Judge.

The sole question for decision here is whether a husband’s action for loss of consortium due to injuries to his wife, is a part of a single cause of action for personal injury and property damage, where all the elements of damage arise from a single occurrence. In order for a former recovery to be pleaded in bar of a subsequent action, the two suits must be between the same parties and on the same cause of action, and the test of identity of cause of action is whether the same evidence will support both. See Code §3-607; Underwood v. Underwood, 139 Ga. 241 (77 SE 46). It has been…