Sandoval v. Sandoval

623 P.2d 800 (1981)

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Nature of the Case

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Facts

Four-year-old P rode his tricycle from his front yard into the street in front of his home and was run over by an automobile driven by Lopez. The child's father, D, negligently forgot to close the gate when he left the house prior to the accident. Lopez was an uninsured motorist. Ds did not have uninsured motorist insurance but did have a homeowner's insurance policy which they believed would pay a judgment that might be obtained by the minor child against the parents. P filed a complaint against Ds alleging that the cause of his injuries was their negligence. The Court granted Ds' motion for summary judgment based upon the doctrine of parental immunity. P appealed.