Winn v. Gilroy

I concur in the result reached by the majority under the binding precedent of Cowgill Adm’r. v. Boock Adm’r., 189 Or 282, 218 P2d 445 (1950), and Chaffin v. Chaffin, 239 Or 374, 397 P2d 771 (1964). However, at least to the extent of the claims presented here, that precedent should be reexamined.

The doctrine of parental immunity has relatively modern roots. No record exists of a decision at early English common law involving a personal tort action based on negligence between parent and child, although no authority suggests that there was a prohibition against such actions. See McCurdy, Torts…