Legal Opinion

Shoemake v. Fogel, Ltd.

Texas Supreme Court

Decided April 29, 1992No. D-0526PublishedCited by 96 opinions

1Opinion of the Court

OPINION

MAUZY, Justice.

In this cause, we consider whether a defendant in a survival action arising from the death of a child may seek contribution from a negligent parent of the deceased child. We hold that the doctrine of parental immunity bars such contribution when the parent’s negligence involves only negligent supervision of the child.

One month before her second birthday, Miranda Gilley nearly drowned in the swimming pool at her apartment complex. The child was rescued and temporarily revived, but four months later died from the injuries she had suffered. Her mother, Janet Shoemake, then…

2Cases cited15 opinions

  1. Roark v. AllenTexas Supreme Court · 1982
  2. Davis v. City of San AntonioTexas Supreme Court · 1988
  3. Christiansen v. PrezelskiTexas Supreme Court · 1990
  4. Phillips v. PhillipsTexas Supreme Court · 1992
  5. Felderhoff v. FelderhoffTexas Supreme Court · 1971

10 more not listed; retrieve them via the Exa API.

3Cited by96 opinions

  1. Shields Ltd. Partnership v. BradberryTexas Supreme Court · 2017
  2. Aquila Southwest Pipeline, Inc. v. Harmony Exploration, Inc., Texas Court of Appeals, 4th District (San Antonio)2001
  3. Goose Creek Consolidated Independent School District of Chambers & Harris Counties v. Jarrar's Plumbing, Inc., Texas Court of Appeals, 6th District (Texarkana)2002
  4. Willacy Cnty. Appraisal Dist. v. Sebastian Cotton & Grain, Ltd.Texas Supreme Court · 2018
  5. Doctor v. Pardue, Texas Court of Appeals, 1st District (Houston)2006

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