Doctrine of Parental Immunity Precludes Mother's Action Against Father
by
Joseph C. Maya on May. 03, 2017
Accident & Injury Accident & Injury Personal Injury Lawsuit & Dispute Dispute Resolution
Summary: Blog post about a woman who sued the father of her minor child for an injury the child sustained in his care and how the doctrine of parental immunity applied and protected him from the suit.
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Plaintiff mother appealed a decision from the Superior Court, Ansonia-Milford District (Connecticut), which granted partial summary judgment on the motion of defendant father. The mother's action sought to recover damages for personal injuries sustained by the parents' minor child as a result of the father's alleged negligence.
The unemancipated child was injured when her father's house caught on fire and the father had to jump with the child in his arms from a second story window. The court noted that the doctrine of parental immunity, which protected family harmony by preventing discord between parents and children, was consistent with the policy of encouraging divorced parents to assume responsibility for their children. While divorce severed the marital relationship between parents, the parent-child relationship and the relationship between former spouses as parents remained. A divorce did not end the parents' responsibilities to the child. They continued to have the duty to provide shelter, food, educational and moral guidance, and affection while the child was in their care. In affirming the decision of the superior court, the court held that parental immunity still remained a doctrine in the state. The court concluded that the father did not breach a duty owed to the general public, and the availability of insurance carried little weight in the decision to apply the doctrine.
The court affirmed the summary judgment in favor of the father in the mother's action to recover damages for personal injuries sustained by the parents' minor child as a result of the father's alleged negligence.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Ascuitto v. Farricielli, 244 Conn. 692, 711 A.2d 708, 1998 Conn. LEXIS 136 (Conn. 1998)
