Amalia M. Filice v. United States

The appellant, who is the wife of Frank H. Filice, brought an action against the United States in the district court under the provisions of Title 28 U.S.C.A. § 1346 (b), alleging that the defendant, ácting by and through its agent, servant and employee, so carelessly and negligently managed and operated a certain truck in Santa Clara County, California, that the same collided with an automobile operated by plaintiff’s husband. In consequence of this negligence and carelessness, the plaintiff alleges, the husband sustained severe personal injuries which required his hospitalization for many days; that he has permanently lost his earning capacity and has suffered great pain; that he is given to moods of depression, irritability, anger, forgetfulness, impatience and hostility and is now and will permanently continue to be impotent, forgetful, nervous, un-companionable, irascible, neglectful, inattentive and indifferent in his conjugal duties towards the plaintiff; that she has thereby lost “the consort, companionship, society, affection and support of her said husband.” She alleged that by reason of the physical and mental condition of her husband, she has suffered mental anguish by…