Hooper by and Through Hooper v. Clements Food

ALMA WILSON, Justice.

This suit was brought on behalf of a minor child against the employer of the child’s father. The child's mother, as next friend and individually, sought to recover damages for injuries suffered by the child by reason of the father’s negligence occurring in the course and scope of employment. The trial court found the doctrine of parental immunity shielded the employer from any liability to the child. We find the parental immunity exception to tort liability inapplicable to the facts of the instant case and reverse.

The undisputed facts of this case establish that on August…