stating “[t]he court may modify the common law, adopting such of its principles as are applicable and rejecting such others as are inapplicable.”
How later courts described this case
- stating “[t]he court may modify the common law, adopting such of its principles as are applicable and rejecting such others as are inapplicable.”
- abrogated the parental immunity rule in negligence cases except in certain situations; child permitted to sue for injuries resulting from auto accidents
- tort action by child against parent
- suit by child against parent
Written by the judges who cited it.
The opinion
Sheran, Justice
(dissenting).
1 do not believe that any public or private interest is served by encouraging litigation between parents and their children. For the reasons given in the dissenting opinion in the Balts case, I would not make further inroads on this immunity.