Morgan v. Johnson

MARTIN, Judge.

“It has long been the rule in North Carolina that an unemancipated minor child cannot maintain an action against his parent for personal injuries negligently inflicted.” Mabry v. Bowen, 14 N.C. App. 646, 188 S.E. 2d 651 (1972). The present case involves an action by plaintiff against her stepmother. Plaintiff concedes that the doctrine of parental immunity extends to a stepparent standing in loco parentis, but she contends that (1) defendant never stood in loco parentis to plaintiff and (2) even if such a relationship did exist, there remains a triable issue of fact regarding…