Claire's Boutiques, Inc. v. Locastro

I agree with the majority’s finding that the trial court correctly denied a directed verdict for Claire’s on the Locastros’ negligence claim, as the Locastros presented sufficient evidence of causation to establish a prima facie claim of negligence. However, I respectfully disagree with the majority’s conclusion that the trial court erred in granting summary judgment for Claire’s on its claim of contractual indemnity. I agree with the majority’s certification to the supreme court.

The majority relies on a line of cases which states that parents are generally immune from tort claims brought by…