Opinion

Mauk v. Mauk

  • 12 Ohio St. 3d 156
  • 12 Ohio B. 226
  • 466 N.E.2d 166
  • 1984 Ohio LEXIS 1190
Court
Ohio Supreme Court
Filed
Jul 25, 1984
Status
Published
Author
Locher
On the bench
Brown, Celebrezze, Holmes, Locher, Sweeney
Cited by
11 cases
Authority
More cited than 15.1%

Overruled by Kirchner v. Crystal, 15 Ohio St. 3d 326 (1984)

unemancipated minor child may not be held liable to the parent for injuries in automobile accident caused by the negligence of the child

How later courts described this case

  • unemancipated minor child may not be held liable to the parent for injuries in automobile accident caused by the negligence of the child

Written by the judges who cited it.

Later courts went against this

  • Overruled by Kirchner v. Crystal, 15 Ohio St. 3d 326 (1984)

    In so doing, we expressly overrule our prior pronouncements on this matter as contained in Teramano v. Teramano (1966), 6 Ohio St. 2d 117 [35 O.O.2d 144], and Mauk v. Mauk (1984), 12 Ohio St. 3d 156.
    Ohio Supreme CourtDec 31, 1984Read it

The opinion

Locher, J.,

concurring. I wholeheartedly concur in the majority opinion and decision herein. As I stated in my concurrence in Bonkowsky v. Bonkowsky (1982), 69 Ohio St. 2d 152, 155 [ 23 O.O.3d 188 ]: “The family is the *160 basic social unit.” We should zealously protect our greatest national treasure, the family institution. The court is correct today in not rushing to join the so-called trend towards abrogation of family immunity. The reasons supporting the doctrine are as viable today, especially under the present circumstances, as they were when Teramano v. Teramano (1966), 6 Ohio St. 2d 117 [ 35 O.O.2d 144 ], was decided. To hold otherwise would deal another blow to those fighting the glorious battle to support the family.

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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