Legal Opinion

Carver v. Carver

Supreme Court of North Carolina

Decided April 30, 1984No. 658PA82PublishedCited by 56 opinions

1Opinion of the Court

*671EXUM, Justice.

This is a wrongful death action by the estate of a two-month-old child against the child’s mother. The allegations are that the child was killed in an automobile accident caused by the mother’s negligence. The child is survived by his mother, the defendant; his father, who was not present at the time of the accident; and three siblings. Two questions arise: (1) Does the doctrine of parental immunity bar this action? (2) Should the active negligence of one parent, if any, be imputed to the other parent under the family purpose doctrine so as to bar all recovery by the child’s…

2Cases cited20 opinions

  1. Harton v. . Telephone Co.Supreme Court of North Carolina · 1906
  2. Matter of ArthurSupreme Court of North Carolina · 1977
  3. State Highway Commission v. HemphillSupreme Court of North Carolina · 1967
  4. Raftery v. Wm. C. Vick Construction Co.Supreme Court of North Carolina · 1976
  5. Bowen v. CONSTRUCTORS EQUIPMENT RENTAL COMPANYSupreme Court of North Carolina · 1973

15 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Glaskox by and Through Denton v. GlaskoxMississippi Supreme Court · 1992
  2. Sorrells v. M.Y.B. Hospitality VenturesSupreme Court of North Carolina · 1992
  3. Byrne v. BordeauxCourt of Appeals of North Carolina · 1987
  4. Estate of Mullis Ex Rel. Dixon v. Monroe Oil Co.Supreme Court of North Carolina · 1998
  5. Evans v. DiazSupreme Court of North Carolina · 1993

51 more not listed; retrieve them via the Exa API.

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