New Hampshire Insurance v. Fahey

This is an action in tort in which the plaintiff, as insurer-subrogee, seeks to recover for vehicular property damage caused by the defendant. The defendant is the son of the plaintiff’s insured and was an unemancipated minor at the time of the incident in question.

*46The defendant filed a motion to dismiss which was predicated primarily on the doctrine of parent-child immunity in tort. It was agreed that said motion should be treated as a Dist./Mun. Cts. R. P. Rule 56 motion for summary judgment. Both parties stipulated to the relevant facts which may be summarized as follows:

The plaintiff…