Cassidy v. Cheek

WHICHARD, Judge.

Defendant Cheek

Plaintiff was injured while a passenger in a car driven by her mother, defendant Cheek. The accident occurred on 22 September 1975. G.S. 1-539.21 (Cum. Supp. 1981), which abolished parent-child immunity in actions for personal injury arising out of the operation of a motor vehicle, applies to causes of action accruing on and after 1 October 1975. An unemancipated minor child injured prior to 1 October 1975 by the ordinary negligence of its parent has no right of action against the parent. E.g., Foster v. Foster, 264 N.C. 694, 697, 142 S.E. 2d 638, 640 (1965);…