Purcell v. Frazer

MOLLOY, Judge.

This appeal raises the question of whether a parent has an immunity from liability to an unemancipated child living in the home for negligence committed in the pursuit of a family activity.

The plaintiff’s minor children of the ages of 5 years, 4 years, and 17 months, respectively, were passengers in a car driven by the defendant, their father, when there was a serious accident. The complaint is filed on behalf of these minors by a guardian ad litem. The complaint charges “negligent driving” on the part of the father. In opposition to the motion to dismiss the complaint, 1 an…