GEORGIANNA THORNE, ETC., APPELLANTS,
v.
DR. ANTONIO RAMIREZ ET AL., APPELLEES

Fla. 3d DCA | 1977-05-24
No. 76-2366
Before HENDRY, C. J., and PEARSON and HAVERFIELD, JJ.
346 So. 2d 121 Florida District Court of Appeal, Third District (1977) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiffs’ complaint sought to hold the parents of an emancipated child liable for the child’s intentional tort. There was no allegation that the child was dependent, insane or mentally deficient. The complaint was properly dismissed. As to the fact that a twenty year old child is not a minor see Hanley v. Liberty Mutual Insurance Company, 334 So. 2d 11 (Fla.1976). It is well settled that a parent is not liable for the torts of his child simply because of his paternity. Bullock v. Armstrong, 180 So. 2d 479 (Fla.2d DCA 1965). See also cases cited at 59 Am.Jur.2d Parent and Child § 130.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Carney v. Gambel, 751 So. 2d 653 (Fla. 4th DCA 1999)
    …592 N.Y.S.2d 512 (1993). No Florida decision has imposed liability upon the parents of an adult child for intentional acts simply because the child may be financially dependent on, or needs to reside with, his or her parents. Cf. Thorne v. Ramirez, 346 So. 2d 121, 122 (Fla. 3d DCA 1977)(absent allegations that adult child was insane or mentally deficient, a complaint that sought to hold the parents of the child hable for an intentional tort was properly dismissed). We need not speculate on circumstances unde…
  • Knight v. Merhige, 133 So. 3d 1140 (Fla. 4th DCA 2014)
    …de with, his or her parents.” Carney, 751 So. 2d at 654. Appellant Sitton posits that Carney left open the possibility “that parents of an emancipated adult could be held responsible for an adult child’s actions” when it cited to Thorne v. Ramirez, 346 So. 2d 121, 122 (Fla. 3d DCA 1977), as holding that “absent allegations that [the] adult child was insane or mentally deficient, a complaint that sought to hold the parents of the child liable for an intentional tort was properly dismissed.” Id. (emphasis adde…
  • Thibeault v. Seifert, 388 So. 2d 224 (Fla. 2d DCA 1980)
    …at appellants were somehow vicariously responsible for the torts of their son. In no event could that burden be discharged by merely showing the parent-child relationship, and particularly not where, as here, the son was an adult. Thorne v. Ramirez, 346 So. 2d 121 (Fla.3d DCA 1977); Bullock v. Armstrong, 180 So. 2d 479 (Fla.2d DCA 1965). Yet the record reveals no other basis for holding appellants liable for the misconduct of their son and his wife. Of a certainty, the naked fact that appellants own the premi…

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