Lee v. Comer

Caplan, Justice:

This appeal involves one aspect of the parental immunity doctrine. Specifically, the question is: Can the plaintiff, an unemancipated daughter of the defendant, maintain an action in tort against said defendant for injuries allegedly received by her in an accident which occurred while she was a passenger in an automobile owned by the defendant? The trial court’s answer in the negative prompted this appeal.

Subsequent to the institution of this action the plaintiff and defendant Comer were married to each other. On January 16, 1973 the defendants filed a motion to dismiss the…