Merrick v. Sutterlin

This case involves the parent-child immunity doctrine. A 2-year-old child was a passenger in an automobile driven by his mother. The mother's car rear-ended another auto, causing, according to the pleadings, severe and permanent injuries including brain damage to the child. The mother was tried and convicted of negligent driving. Through a guardian ad litem the child sued his mother. The able trial judge, relying upon what appeared then to be the law, granted defendant Sutterlin's motion for summary judgment. We reverse and remand for trial.

Cases and commentaries on the parent-child immunity…