CAROLE DENAULT, A MINOR, BY AND THROUGH THE DEERFIELD BEACH BANK AND TRUST COMPANY, THE GUARDIAN OF HER PROPERTY, APPELLANT,
v.
THERESE T. DENAULT AND PUTNAM LUMBER AND EXPORT COMPANY, APPELLEES
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This case involves an appeal from an order dismissing a negligence action brought by an unemancipated minor against her mother. The court affirmed the dismissal, upholding the doctrine of parental immunity in Florida.
Yes, the doctrine of parental immunity bars an unemancipated minor from suing her parent for damages resulting from negligence.
“The complaint was dismissed as to the mother on the basis of parental immunity.”
Describes the basis for the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceAn unemancipated minor, injured as a passenger in a vehicle operated by her mother, sued her mother for damages alleging negligence. The trial court d…
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This is an appeal from an order dismissing a complaint in a negligence action.
There was a collision between motor vehicles. An unemancipated minor was a passenger in one of the vehicles which was being operated by the minor’s mother. The minor suffered personal injuries. The minor sued her mother for damages alleging simple and gross negligence on the part of her mother. The complaint was dismissed as to the mother on the basis of parental immunity.
A great deal has been written, pro and con, on the subject of tort actions by un-emancipated minors against their parents. See 19 A.L.R.2d 423. We doubt that we can add anything to it. Suffice it to say that the issue has been previously determined in Florida and we are in nowise persuaded that Florida’s rule is wrong or that it should be abrogated. We affirm upon authority of Meehan v. Meehan, Fla.App.1961, 133 So.2d 776; Rickard v. Rickard, Fla.App. 1967, 203 So.2d 7.
Affirmed.
WALDEN, C. J., McCAIN, J., and TROWBRIDGE, C. PFEIFFER, Associate Judge, concur.
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ARD v. Douglas Perry ARD Ad Litem for Benji Dwain Clary, 414 So. 2d 1066 (Fla. 1982)…rt. Orefice v. Albert, 237 So. 2d 142 (Fla.1970); Horton v. Unigard Insurance Co., 355 So. 2d 154 (Fla. 4th DCA 1978), cert. dismissed, 373 So. 2d 459 (Fla.1979); Webb v. Allstate Insurance Co., 258 So. 2d 840 (Fla. 3d DCA 1972); Denault v. Denault, 220 So. 2d 27 (Fla. 4th DCA 1969); Rickard v. Rickard, 203 So. 2d 7 (Fla. 2d DCA 1967). Parental abuse or neglect may be a ground for state intervention in appropriate proceedings, but ordinary negligence can take so many forms that we should not allow a tort act…
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Horton v. Unigard INS., 355 So. 2d 154 (Fla. 4th DCA 1978)…e dismissed. . Orefice v. Albert, 237 So. 2d 142 (Fla.1970); Wright v. Farmers Reliance Insurance Company of New Jersey, 314 So. 2d 641 (Fla. 3rd DCA 1975); Webb v. Allstate Insurance Company, 258 So. 2d 840 (Fla. 3rd DCA 1972); Denault v. Denault, 220 So. 2d 27 (Fla. 4th DCA 1969); Rickard v. Rickard, 203 So. 2d 7 (Fla.2d DCA 1969); Meehan v. Meehan, 133 So. 2d 776 (Fla. 2d DCA 1961).…
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3-M Elec. Corp. v. Vigoa, 369 So. 2d 405 (Fla. 3d DCA 1979)…from liability.6 In Florida the state of the law is such that based upon public policy reasons 7 a parent is immune from liability for unintentional or negligent personal torts that occur within the scope of domestic relations, Denault v. Denault, 220 So. 2d 27 (Fla. 4th DCA 1969), and an infant may not sue his parents for bodily injury suffered by the child because of the parents’ alleged negligence in failing to provide a safe place to play. Rickard v. Rickard, 203 So. 2d 7 (Fla. 2d DCA 1967).8 We concl…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rickard v. Rickard, 203 So. 2d 7 (Fla. 2d DCA 1967)
- Meehan v. Meehan, 133 So. 2d 776 (Fla. 2d DCA 1961)