Bang v. Tran

Dissenting Opinion

Merrick, J.

I dissent from the majority’s announcement of a new cause of action which the Supreme Judicial Court has expressly declined to recognize. The decision of the trial judge should be reversed.

1. It is true that the Court in Sorenson v. Sorenson, 369 Mass. 350 (1975) permitted actions in tort by unemancipated children against their parents in cases where the parent was covered by liability insurance, reasoning that:

Abrogation of the parental immunity doctrine in cases such as the instant one [where insurance is available] is not likely to encourage numerous…