CARPENTER v. McDONALD

84-1281.

495 So.2d 640 (1986)

Betty CARPENTER v. J.E. McDONALD, Joe McDonald, and Bar M Farms, Inc.

Supreme Court of Alabama.

September 19, 1986.


Attorney(s) appearing for the Case

Charles W. Fleming, Jr., and Henry F. Lee III, Geneva, for appellant.

W. Beatty Pearson of Powell, Powell & Pearson, Andalusia, for appellees.


ALMON, Justice.

This is an action for loss of consortium arising out of a collision between plaintiff's husband's automobile and defendants' cows. The trial court held that because the claim derives from the husband's injuries and the husband cannot recover due to the provisions of Code 1975, § 3-5-3, summary judgment was due to be granted for defendants.

Code 1975, § 3-5-2(a), provides:

"It shall be unlawful for the owner of any livestock...

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