Elam v. Elam

Ness, Justice:

These consolidated appeals present an identical issue: Is § 15-5-210, Code of Laws of South Carolina (1976), which abolishes the parental immunity doctrine only in motor vehicle accident cases, unconstitutional? We conclude it is.

Both cases involve unemancipated minor passengers who were injured while riding in automobiles allegedly operated negligently by a parent. The trial court held the statute violated the equal protection clauses of the South Carolina and United States Constitutions pursuant to this Court’s decision in Marley v. Kirby, 271 S. C. 122, 245 S. E. (2d) 604…