Legal Opinion

Mayberry v. Pryor

Michigan Supreme Court

Decided September 24, 1985No. 74387, (Calendar No. 14)PublishedCited by 16 opinions

1Opinion of the CourtCavanagh, J.

This appeal presents three questions for our consideration:

1) May foster parents invoke the defense of parental immunity in negligence suits brought by or on behalf of a foster child placed in their care?

2) If so, does negligent supervision of a child fall within the purview of the parental immunity doctrine?

3) If so, is the reasonableness of the alleged parental conduct a question of law or fact?

We hold that foster parents cannot invoke the defense of parental immunity and therefore may be held liable for their negligent conduct which proximately causes injury to their foster child. In light…

2Cases cited31 opinions

  1. Smith v. Organization of Foster Families for Equality & ReformSupreme Court of the United States · 1977
  2. Goller v. WhiteWisconsin Supreme Court · 1963
  3. Holodook v. SpencerNew York Court of Appeals · 1974
  4. Plumley v. KleinMichigan Supreme Court · 1972
  5. In re Spence-Chapin Adoption Service v. PolkNew York Court of Appeals · 1971

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3Cited by16 opinions

  1. Mitchell v. DavisSupreme Court of Alabama · 1992
  2. K.W. v. J.G.Court of Civil Appeals of Alabama · 2003
  3. Nichol v. StassIllinois Supreme Court · 2000
  4. Zellmer v. ZellmerWashington Supreme Court · 2008
  5. Zellmer v. ZellmerWashington Supreme Court · 2008

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