Howard Barnwell, Jr., a Minor, by Next Friend, Patricia Barnwell v. Sam L. Cordle, Administrator of the Estate of Howard Barnwell, Sr., Deceased

LEWIS R. MORGAN, Circuit Judge:

This appeal involves the question of whether the doctrine of parental immunity as articulated by the Georgia courts can be invoked by the estate of a deceased parent to prevent an unemanci-pated child from recovering damages for injuries sustained in an automobile accident as a result of the deceased parent’s negligence. The district court decided that the doctrine could be invoked by the estate and, accordingly, granted the administrator’s motion for summary judgment. We reverse and remand.

Howard Barnwell, Jr., the appellant, was seriously injured when the…