FULLAM, District Judge.
The complaint in this action alleges that the minor plaintiff, Sandra Hunt, was a passenger in an automobile operated by her father, Samuel Hunt, Jr., at the time of an accident in which both persons were injured. The father has brought this action, under diversity jurisdiction, both in his own right and as "father and natural guardian" of the minor.
Presently before the court is the motion of one Ida Hunt, the mother of the minor, and the former wife of Samuel Hunt, Jr., seeking leave to intervene for the purpose of discontinuing the action on behalf of the minor. Plaintiff Samuel Hunt, Jr. has filed an answer to this motion; neither parent has sought an evidentiary hearing or produced any evidence; and no action has been taken by any of the defendants to question the father's capacity to sue on behalf of the minor.
As revealed by the averments of the motion and answer, it appears that no court has ever made any formal award of custody of the minor. The child lives with the mother most of the time, but the father has weekend visitation rights.
Under Pennsylvania law the tortious injury of a child gives rise to two causes of action; one on behalf of the child for pain and suffering and loss of earning power after majority; and the other for the parents themselves, for reimbursement of medical expenses and for the loss of the child's services during minority. 22 P.L.E. 218 "Parent and Child" § 5; Johnstone v. O'Connor & Co., 164 F. Supp. 66 (E.D.Pa.1959). The claim of the parents is not, strictly speaking, derivative, and may be pursued even where the claim of the child is barred. Meisel v. Little, 407 Pa. 546, 180 A.2d 772 (1962).
Pennsylvania Rule of Civil Procedure 2228(b), 12 P.S.Appendix provides as follows:
"If an injury, not resulting in death, is inflicted upon the person of a minor, and causes of action therefor accrue to the minor and also to the parent or parents of the minor, they shall be enforced in one action brought by the parent or parents and the child. Either parent may sue therefor in the name of both; but if the parents live apart the action shall be brought by the parent having the custody of the child and the control of its services."