Opinion

Dorsey v. State Farm Mutual Automobile Insurance

  • 9 Ohio St. 3d 27
  • 9 Ohio B. 119
  • 457 N.E.2d 1169
  • 1984 Ohio LEXIS 1000
Court
Ohio Supreme Court
Filed
Jan 11, 1984
Status
Published
Author
Brown
On the bench
Brown, Celebrezze, Holmes, Locher, Sweeney
Cited by
13 cases
Authority
More cited than 15.1%

doctrine of parental immunity does not bar action in negligence brought against estate of deceased parent and liability insurance company by minor children

How later courts described this case

  • doctrine of parental immunity does not bar action in negligence brought against estate of deceased parent and liability insurance company by minor children

Written by the judges who cited it.

The opinion

William B. Brown, J.,

concurring. Because I believe the doctrine of parental immunity should be abolished without the reservation retained by the majority I concur in the judgment only. As I previously stated in my concurrence in Prem v. Cox (1983), 2 Ohio St. 3d 149, 152 , 1 strongly believed interspousal immunity to be an outmoded, ineffective, anachronistic and unconstitutional doctrine. The reasons for my belief were amply set forth in my dissenting opinions in Varholla v. Varholla (1978), 56 Ohio St. 2d 269, 271 [ 10 O.O.3d 403 ]; and Bonkowsky v. Bonkowsky (1982), 69 Ohio St. 2d 152, 155 [ 23 O.O.3d 188 ]. I see no difference in the justifications, logic and analysis now put forward with regard to parental immunity. Thus, those same reasons lead me to conclude that the doctrine of parental immunity is also outmoded, ineffective, anachronistic and unconstitutional. Consequently, I would abolish parental immunity without the limitations retained by the majority.

C. Brown, J., concurs in the foregoing concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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