Laughner

Cynthia Laughner appeals from an order of dismissal following the trial court’s sustaining of a demurrer without leave to amend to the second cause of action of the complaint for personal injuries filed by her on behalf of her minor son and herself August 27, 1990. She contends that the trial court erred in ruling that she, as a parent, could not state a separate and distinct cause of action for damages against the defendants to recover future medical expenses and support expenses that she will be obligated to incur and pay for the benefit of the child after he reaches majority.

We hold that appellant is estopped from pursuing a cause of action for future medical expenses since she prayed for the same damages on behalf of her minor son in the first cause of action which was settled in a court-approved compromise and settlement agreement. She has also waived her right to pursue a separate cause of action on her own behalf for her son’s care and support which she might be obligated to incur after he reaches majority because her potential liability for tírese expenses derives from her son’s inability to seek education and future gainful employment. Since, as guardian ad…