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
Holmes
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

Holmes, J.,

concurring. I am able to concur in this majority opinion based upon the philosophy of my dissent in Dorsey v. State Farm Mut. Auto. Ins. Co. (1984), 9 Ohio St. 3d 27, 31 , wherein I stated that the reasons for the continuance of the parental immunity doctrine pronounced recently in Karam v. Allstate Ins. Co. (1982), 70 Ohio St. 2d 227 [ 24 O.O.3d 327 ], were equally controlling at the time of writing Dorsey, and they are equally supportive now.

William B. Brown, J., dissenting. I dissent in the present case for the reasons which I have already articulated in my concurrence in Dorsey v. State Farm Mut. Auto Ins. Co. (1984), 9 Ohio St. 3d 27, 30 .

C. Brown, J., concurs in the foregoing dissenting 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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