Rousey v. Rousey

528 A.2d 416 (1987)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

W, and her eleven-year-old daughter, Cheryl, were involved in an automobile accident. Cheryl sustained injuries. H brought suit against w, alleging that the accident and injuries were a direct and proximate result of W's negligence. W filed a motion for summary judgment on the ground that parental immunity barred H from suing his W on behalf of their unemancipated daughter. The court granted the motion. H appealed to this court. A division of the court refused to adopt parental immunity and held that H was not barred from maintaining this suit against w, on behalf of their unemancipated minor child. That decision was vacated when the court decided to rehear this case en banc.