Shoemake v. Fogel, Ltd.
Texas Supreme Court
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
- Roark v. AllenTexas Supreme Court · 1982
- Davis v. City of San AntonioTexas Supreme Court · 1988
- Christiansen v. PrezelskiTexas Supreme Court · 1990
- Phillips v. PhillipsTexas Supreme Court · 1992
- Felderhoff v. FelderhoffTexas Supreme Court · 1971
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- Willacy Cnty. Appraisal Dist. v. Sebastian Cotton & Grain, Ltd.Texas Supreme Court · 2018
- Doctor v. Pardue, Texas Court of Appeals, 1st District (Houston)2006
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