Opinion
No. 74-1567.
June 24, 1975.
Appeal from the Circuit Court, Dade County, David Goodhart, J.
Harold A. Turtletaub, Miami, for appellant.
Cushman Cushman, Miami, for appellees.
Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.
This is an appeal from an order dismissing with prejudice the second cause of action in a two-count complaint. Under the second count, the appellant sought to bring a derivative claim against the Farmers Reliance Insurance Company of New Jersey, insurer, and Jerome Wright, a minor son of the appellant, for injuries sustained by another son, James Elson Wright, by reason of the negligence of his brother, Jerome.
The sole point on appeal is whether a father can maintain a derivative action against his unemancipated minor son and his insurer for loss of services and medical expenses incurred as a result of injuries sustained by another unemancipated son.
We hold that he cannot. See, Orefice v. Albert, Fla. 1970, 237 So.2d 142; Meehan v. Meehan, Fla.App. 1961, 133 So.2d 776.
Affirmed.