Coleman v. Coleman

Banke, Judge.

The 11-year-old minor plaintiff was injured in an automobile collision while a passenger in a vehicle operated by his father. The suit, filed by the minor’s mother as next friend, alleges that his injuries were jointly caused by the negligence of the father and the driver of the other vehicle. The trial court granted summary judgment to the minor’s father based on the doctrine of parental immunity. On appeal this ruling is challenged based on the fact that the plaintiffs parents were divorced at the time of the accident. The divorce court granted custody of the plaintiff to his…