“what would an ordinarily reasonable and prudent parent have done in similar circumstances?”
How later courts described this case
- “what would an ordinarily reasonable and prudent parent have done in similar circumstances?”
- statutory abrogation of the doctrine in actions for negligence in the operation of a motor vehicle
- noting erosion of doctrine in the United States and abolishing immunity in California except for conduct not in keeping with "reasonable parent" test
- classifying Schenk among decisions which have fully abrogated the immunity and "allow children to sue their parents in tort"
Written by the judges who cited it.
The opinion
McCOMB, J.
I dissent. I would affirm the judgment.