Buono v. Scalia

This appeal implicates the doctrine of parental immunity articulated in Foldi v. Jeffries, 93 N.J. 533, 461 A.2d 1145 (1983). The trial court and Appellate Division each concluded that, on the narrow facts presented, the parents in this case are immune from suit. We agree and affirm. We emphasize, however, that the doctrine’s scope is limited. It applies only when the underlying conduct involves an exercise of parental authority or the provision of customary child care. Further, even when such conduct is evident, there would be no immunity for injury to the parent’s child or to a third party…