Balts v. Balts

Otis, Justice.

This action is brought by a parent against a child for injuries sustained in a Wisconsin accident. The issues are: (1) The law of what state governs the question of tort immunity? (2) Will such an action lie in Minnesota?

At the time of the accident, on August 23, 1958, plaintiff, Carrie Balts, and her son, then a minor, were members of the same household domiciled in Minnesota. When action against the son was commenced in 1963, he was emancipated. Plaintiff moved to strike from the answer the defense of tort immunity, and defendant countered with a motion for summary judgment.…