Streenz v. Streenz

With all due respect to the stare decisis doctrine and the majority’s adherence to this court’s decision in Purcell, supra, I am constrained to hold otherwise.

The doctrine of parental immunity, i. e., that an unemancipated minor may not sue a parent in tort, is a “court-made rule.” It apparently had its genesis in 1891 in the case of Hewellette v. George, 68 Miss. 703, 9 So. 885, judicial justification for its birth being that litigation and strife between members of the family unit is contrary to public policy. The subject of parental immunity has enjoyed exhaustive treatment by law review…