Herzfeld v. Herzfeld

781 So.2d 1070 (2001)

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Nature of the Case

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Facts

S was placed in F's care as a foster child in 1988. F adopted S three years later when S was sixteen years old. On June 5, 1997, S filed a four-count civil complaint against F, alleging repeated sexual abuse. The trial court granted F's motion to dismiss counts I through III on the ground that intentional tort claims are barred by the parental immunity doctrine. After finding that F's insurance policy [did] not cover S's negligence claim, the trial court also found the parental immunity doctrine applicable to count IV and granted F's motion for summary judgment on that count. The Third District reversed and held that because family harmony is already destroyed in sexual abuse cases, 'the parental immunity doctrine does not bar the action by the minor child against his parent for damages arising from sexual abuse.' The case was eventually certified to the Florida Supreme Court.