Ascuitto v. Farricielli

Opinion

KATZ, J.

The issue in this appeal is whether the doctrine of parental immunity, which generally bars unemancipated minors from suing their parents for personal injuries, prevents a child of divorced parents from bringing a negligence action against a noncustodial parent for injuries the child sustained while in that parent’s home during a scheduled visitation period. Specifically, we must decide whether the trial court properly granted the defendant father’s motion for summary judgment based on the doctrine of parental immunity. We conclude that the doctrine of parental immunity applies…