Fogel, Ltd. v. Shoemake

OPINION

DAY, Justice.

In this case of first impression, the issue before us is whether the doctrine of parental immunity prohibits a third party from seeking contribution from a negligent parent in a survival action brought by the child’s estate.

Appellee, Janet Shoemake, is the mother of the deceased child, Miranda Gilley. As administratrix of the Estate of Miranda Gilley, appellee filed a survival action against appellants and was awarded damages. Appellants contend they are entitled to contribution from Janet Shoemake, individually, for the percentage of negligence assessed by the jury…