Peppers v. Smith

Smith, Judge.

We granted this interlocutory appeal to determine whether a mother, divorced from her husband, with lawful custody of her minor child, has a cause of action in tort for loss of services and for medical, funeral and burial expenses arising out of the alleged wrongful death of such child. The trial judge, answering this question in the negative, struck the portions of the complaint demanding recovery for these items. We reverse.

1. Code § 53-511 states: "If a tort shall be committed upon the person or reputation of the wife, the husband or wife may recover therefor; if the wife…