Allen v. Allen

ARNOLD, Judge.

Plaintiff contends that the trial judge erred in granting summary judgment in favor of the defendant on the basis of the common law doctrine of child immunity. More specifically, the plaintiff contends that 1) G.S. 1-539.21 abolished such immunity and 2) if the statute is interpreted as not to have affected such immunity, then the statute violates the equal protection and substantive due process requirements of the North Carolina and United States Constitutions.

Plaintiff first contends that the title of G.S. 1-539.21, “Abolition of parent-child immunity in motor vehicle cases,”…