Legal Opinion · Concurrence

Jilani by and Through Jilani v. Jilani

Texas Supreme Court

Decided December 14, 1988No. C-7481Published

1ConcurrenceMauzy, Justice

I concur in the court’s decision to allow an unemancipated minor child to pursue a *674cause of action against his or her parent for the negligence of a parent in operating a motor vehicle. The doctrine of parental immunity should only be retained with respect to acts which involve a reasonable exercise of parental authority or the exercise of parental discretion in providing for the care and necessities of a child. In all other cases this judicially created doctrine should be abandoned.

In reviewing various decisions upholding the doctrine of parental immunity, I find four basic premises upon…

2Cases cited19 opinions

  1. Goller v. WhiteWisconsin Supreme Court · 1963
  2. Shingleton v. BusseySupreme Court of Florida · 1969
  3. Falco v. PADOSSupreme Court of Pennsylvania · 1971
  4. Gelbman v. GelbmanNew York Court of Appeals · 1969
  5. Briere v. BriereSupreme Court of New Hampshire · 1966

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