Foldi v. Jeffries

The opinion of the Court was delivered by

GARIBALDI, J.

Today we return to the thorny problem of ascertaining the parameters of the doctrine of parent-child tort immunity. Specifically, we consider whether the doctrine of parental immunity bars recovery by an unemancipated minor for personal injuries arising from an accident attributable to her mother’s negligent lack of supervision. Resolution of this question requires us to decide whether to continue to apply our holdings in France v. A.P.A. Transp. Corp., 56 N.J. 500 (1970), and Small v. Rockfeld, 66 N.J. 231 (1974), to all tort actions,…