Fugate Ex Rel. Stroup v. Fugate

BARDGETT, Judge.

The question on this appeal is whether or not the doctrine of parental immunity bars an action brought by an unemancipated minor child, aged 10, against her father, seeking damages for the negligent wrongful death of her mother in a case where the mother and father had been divorced and the general custody of the child had been placed with the mother.

The circuit court held an evidentiary hearing on defendant-respondent-father’s (hereinafter defendant) motion to dismiss. The evidence on the motion indicated there had been no disruption in the harmonious relationship between…