Opinion

Shearer v. Shearer

  • 18 Ohio St. 3d 94
  • 18 Ohio B. 129
  • 480 N.E.2d 388
  • 1985 Ohio LEXIS 504
Court
Ohio Supreme Court
Filed
Jul 3, 1985
Status
Published
Author
Locher
On the bench
Brown, Celebrezze, Douglas, Fourth, Grey, Holmes, Locher, Sweeney, Wright
Cited by
46 cases
Authority
More cited than 15.1%

stating that "[i]f the elimination of parental immunity were a bad legal position, one would reasonably expect to find that those states [that have now rejected the doctrine after initially adopting it] were experiencing problems with the abrogation ... [and] there is no evidence or persuasive material that any of these states [that never adopted the doctrine] ever suffered adverse consequences for the lack of such a rule"

How later courts described this case

  • stating that "[i]f the elimination of parental immunity were a bad legal position, one would reasonably expect to find that those states [that have now rejected the doctrine after initially adopting it] were experiencing problems with the abrogation ... [and] there is no evidence or persuasive material that any of these states [that never adopted the doctrine] ever suffered adverse consequences for the lack of such a rule"
  • doctrine extends only to negligence arising from parental care, supervision or discretion
  • abrogating parental and interspousal immunity

Written by the judges who cited it.

The opinion

Locher, J.,

dissenting. I dissent for the reasons given in my concurring opinions in Bonkowsky v. Bonkowsky (1982), 69 Ohio St. 2d 152, 154-155 [ 23 O.O.3d 188 ]; Mauk v. Mauk (1984), 12 Ohio St. 3d 156, 159 ; and in my dissenting opinion in Kirchner v. Crystal (1984), 15 Ohio St. 3d 326, 332 .

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.