Buffalo v. Buffalo

CONOVER, Judge.

Plaintiff-appellants Chad E. Buffalo (Chad) and Nancy L. Winkle (mother) appeal the Delaware Superior Court’s sustaining of a motion dismissing their complaint for damages as to defendant-appellee John W. Buffalo (father).

We reverse.

ISSUES

This appeal presents three issues:

1. Whether parental immunity from suits by unemancipated minor children should be abrogated.

2. Whether a suit for negligent injury may be maintained by an unemancipated minor child against a non-custodial parent where the marriage of the child’s parents has been dissolved.

3. Whether the custodial parent can…