Timms Ex Rel. Estate of Timms v. Timms

Cureton, Judge:

The respondent father commenced this action against the appellant mother for the wrongful death of the parties’ unemancipated fourteen-year-old son. The mother appeals from a jury verdict against her in the amount of $100,000 and asserts that the action is barred by the doctrine of parental immunity. We agree and reverse.

On July 29, 1978, appellant Janice Loraine Timms, her husband Frank Timms and their fourteen-year-old son Brian were traveling in their automobile when Mrs. Timms lost control of the automobile. A collision resulted and Brian was killed.

Mr. Timms was appointed…