Mabry Ex Rel. Bowen v. Bowen

GRAHAM, Judge.

It has long been the rule in North Carolina that an un-emancipated minor child cannot maintain an action against his parent for personal injuries negligently inflicted. Watson v. Nichols, 270 N.C. 733, 155 S.E. 2d 154; Small v. Morrison, 185 N.C. 577, 118 S.E. 12; Evans v. Evans, 12 N.C. App. 17, 182 S.E. 2d 227, cert. den. 279 N.C. 394, 183 S.E. 2d 242.

Plaintiff candidly concedes the existence of the rule and agrees that it extends to a stepparent standing in loco parentis, which is the case here. She argues, however, that the time has come for North Carolina to join the…