Dunaway v. Kaylor

Bell, Chief Judge.

This is an appeal from the grant of summary judgment for defendants in a case wherein plaintiffs seek recovery for damages against the parents of a minor, age 14, for the latter’s tortious conduct. Held:

1. In Corley v. Lewless, 227 Ga. 745 (182 SE2d 766), the Supreme Court held the Act of March 10, 1966 (Ga. L. 1966, p. 425; Code Ann. § 105-113) to be unconstitutional. This statute made a parent or other person in loco parentis liable for the wilful and wanton acts of his minor children. Thus, plaintiffs cannot recover under this statute against the defendants, parents of a…