Murphy v. Murphy

An action for personal injuries resulting from nonwillful .negligence may not be maintained by an unemancipated child against Ms parent. (Cannon v. Cannon, 287 N. Y. 425; Sorrentino v. Sorrentino, 248 N. Y. 626.) The reason for *229the rule is to prevent the injection of disruptive litigation into family unity. When close unity ceases to exist, the reason for the rule disappears and the rule itself is not applicable. Consequently, an emancipated child may maintain a cause of action against his parent for injuries sustained through the alleged nonwillful negligence of his parent.

Emancipation of a…