Bueno v. Duva, No. 305195 (Jul. 9, 1992)

This is a motion to strike part of a counterclaim, which raises the question whether under Tort Reform II the parent of a minor child, suing in the child's behalf, can be a defendant in a counterclaim in order to reduce the percentage of negligence of the defendant, or whether that is precluded under the parent/child immunity doctrine.

The complaint alleges negligence by the defendant in operating a motor vehicle which collided with a bicycle, injuring the minor plaintiff, Edwin Bueno. The child's mother, Christina Bueno brought this action as the parent and natural guardian of her son. The…