Smith v. Gross

The majority observes that the principle of parent-child immunity serves “the public policy that discipline in the family not be impaired and that tranquility of the home be preserved.” Frye v. Frye, 305 Md. 542, 552, 505 A.2d 826, 831 (1986). I dissent in this case because the majority has applied parent-child immunity to a situation where the underlying public policy will not be served. In light of Roland Gross, Jr.’s death, there is no family discipline to impair or home tranquility to preserve.

I agree with the majority’s holding that parent-child immunity would have applied, under our…