Gillikin v. Burbage

Defendant’s first assignment of error relates to the failure of the court to sustain her motion for nonsuit.

It is the rule in North Carolina, and the majority of the other states, that an unemancipated minor child cannot maintain a tort action against his parent for personal injuries, even though the parent’s liability is covered by liability insurance. This rule implements a public policy protecting family unity, domestic serenity, and parental discipline. Redding v. Redding, 235 N.C. 638, 70 S.E. 2d 676; Small v. Morrison, 185 N.C. 577, 118 S.E. 12, 31 A.L.R. 1135; Annot., Right of parent…