[DOWNLOAD] "Gillikin v. Burbage" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Gillikin v. Burbage
- Author : Court of Appeals of New York
- Release Date : January 15, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
It is the rule in North Carolina, and the majority of the other states, that an unemancipated minor child cannot maintain a tort action against his parent for personal injuries, even though the parents liability is covered by liability insurance. This rule implements a public policy protecting family unity, domestic serenity, and parental discipline. Redding v. Redding, 235 N.C. 638, 70 S.E.2d 676; Small v. Morrison, 185 N.C. 577, 118 S.E. 12, 31 A.L.R. 1135; Annot., Right of parent or representatives to maintain tort action against minor child, 60 A.L.R. 2d 1285; 39 Am. Jur., Parent and Child ? 90 (1942); 3 Lee, North Carolina Family Law ? 248 (3d Ed. 1963). Upon the same theory, an overwhelming majority of jurisdictions likewise hold that neither a parent nor his personal representative can sue an unemancipated minor child for a personal tort. Annot., Right of parent or representatives to maintain tort action against minor child, supra ; 39 Am. Jur., Parent and Child ? 92 (1942). "The childs immunity is said to be the reciprocal of the parents immunity." 3 Lee, op. cit. supra at 176. The complete emancipation of a child, however, removes the bar to actions between parent and child for personal torts. Annot., Right of parent or representatives to maintain tort action against minor child, supra at 1292. See also Comment, Tort Actions Between Members of the Family, 26 Mo. L. Rev. 152, 194.