Vaughan v. Vaughan

Four year old Douglas Vaughan received head injuries when struck by a falling tombstone while visiting a cemetery with his parents, the defendant-appellees. The plaintiff-appellant, Douglas’ grandfather, filed suit alleging that the parents were negligent in supervising Douglas.

The trial court sustained a motion to dismiss by ruling that the parents were immune from suit and that the complaint failed to state a claim upon which relief could be granted.

The overruled motion to correct errors, whose overall purpose is to seek an abrogation of the doctrine of parental immunity in Indiana,…