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MARTIN v. PARKS

No. 64-3.

165 So.2d 220 (1964)

Virginia D. MARTIN, joined by Ralph Martin, her husband, Appellants, v. James W. PARKS and James E. Brunt, individually and severally, and as a partnership, trading and d/b/a Russell Produce Co., not incorporated, Roy Lavern Smead and Dr. Richard Strain, Appellees.

District Court of Appeal of Florida. Third District.

May 26, 1964.

Attorney(s) appearing for the Case

Sams, Anderson, Alper & Spencer and Sam Daniels, Miami, for appellants.

Papy & Carruthers, Carr & Warren, Green & Hastings and Irma Robbins Feder, Miami, for appellees.

Before CARROLL, HORTON and TILLMAN PEARSON, JJ.

CARROLL, Judge.

Following her injury in an automobile accident, Mrs. Virginia P. Martin, joined by her husband, filed an action for damages against the driver and the owners of the other automobile involved, and against a doctor who treated her. The plaintiff husband asserted his derivative claim of damages for loss of consortium and for medical expenses.

In her count against the doctor the plaintiff alleged:

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