Spears Ex Rel. Spears v. Spears

ROBERT L. Brown, Justice.

This appeal involves the ustice. which was applied to this case and which prevented appellant Wayne Spears from suing his ex-wife, appellee Barbara Spears, for negligence. Wayne Spears claims on appeal that (a) the parental immunity doctrine is unconstitutional, (b) the doctrine discriminates against an innocent class of people, and (c) the doctrine violates freedom to contract and public policy. Given the facts of this case and the legal arguments made, we decline to overrule the parental immunity doctrine and affirm the order of the trial court.

On April 11, 1998,…