Maddox v. Queen

I respectfully dissent from the majority holding. The majority found the preeminent issue to be "whether an unemancipated minor child can sue her grandfather for a negligent tort.” They concluded the grandfather "was certainly the head of the household” and "in loco parentis to the granddaughter” and to allow a granddaughter to sue her grandfather under the facts of this case "would violate the public policy of this state.”

I must dissent for two reasons. First, I do not agree that the evidence of record established the grandfather was "in loco parentis to the granddaughter.” Secondly, under…