Gillett v. Gillett

Appeal from judgment for $50,000 awarded for injuries received by 8-year-old plaintiff through excessive punishment by her stepmother, the defendant.

Defendant stood in loco parentis and was entitled to the same immunity which would attend a natural parent, but no greater (Trudell v. Leatherby, 212 Cal. 678, 682 [300 P. 7]). It is now established as California law that, while a parent is not liable to his child for the results of negligence, he has no immunity with respect to willful torts; that he may administer reasonable punishment with impunity, but when he exceeds that limit and does so…