Vallati v. Gniazdowski

The plaintiff Alphonse Vallati seeks to recover for personal injuries sustained by his injured stepson. The defendants demur on the ground that that plaintiff has no cause of action, since he is not a natural parent.

The issue presented is whether a cause of action of this nature can arise in favor of a stepparent. In several cases which involved public assistance or wrongful death, courts have held that statutes giving causes of actions to parents did not extend to stepparents, unless the legislature expressly intended them to. Niosi v. Aiello, 69 A.2d 57 (D.C. Mun. App.); Kelley v. Iowa…