Anderson Ex Rel. Anderson v. Stream

I disagree with the majority’s complete abrogation of parent-child tort immunity in negligence cases. I am not persuaded that the parent-child relationship, long preserved from legal interference on public policy grounds, has so declined in importance that considerations of insurance and simplified judicial administration under a jury standard warrant application of general tort principles to family interactions. In my view, the Silesky1 exceptions to abrogation of parental immunity should be retained and, on these facts, the first exception should be applied to immunize negligent parental…