Nunn v. Whitworth

Susan Smith Nunn appeals from an order granting a new trial to Kayron Whitworth on grounds that the trial court had failed to charge the jury on the legal theory that contributory negligence of a parent does not bar a child's right of recovery if the child is otherwise entitled to recover.

The negligence of a parent cannot be imputed to the child so as to preclude an action by the child or for its benefit against a third person whose negligent act has injured the child. Alabama Power Co. v. Taylor, 293 Ala. 484,306 So.2d 236, 249 (1975), and 58 Am.Jur.2d Negligence, § 470, at 38 (1971).

"The…