Ascuitto v. Farricielli

The majority continues to justify the doctrine of parental immunity based upon the rationale that it is necessary for “the preservation of family harmony and the protection of the parent-child relationship.” The implausibility of this rationale is demonstrated when it is considered with respect to other litigation between parents and children that is not barred. As Professors Fowler Harper, Fleming James and Oscar Gray point out in their treatise on torts, “[ajctions both at law and in equity have always been maintained between parent and child respecting the child’s property rights, and…