Special Relationships Flashcards
Types of relationships that can generate immunity
- Government
- Spousal on the way out since we no longer view wives as their husband’s property and the places that still have it are riddled with exemptions
- Parent/child also on the way out for public policy reasons
Insurance policies still have exceptions for parental immunity
Broadbent v. Broadbend
Major topical rule
Rejected the Goller test and instead implemented a reasonable parent standard of care as to prevent giving parents “carte blanche” to act negligently toward the child
Parent/Child
Bonte v. Bonte
A fetus born alive has standing to sue the mother for injuries that occurred because of her negligence during pregnancy
One view countered by Remy v. MacDonald
Parent/Child
Lawsuits against parents generate payouts when…
There is no parental immunity found based on the situation
Parent/Child
Insurance companies do not have to pay in child suits aginst parents when…
The court finds parental immunity does exist in this situation
Parent/Child
Goller v. White
Rule
A child is generally allowed to sue their parents for contract or property actions
Old test that states either have many adjustments or outright rejected i
Parent/Child
Remy v. MacDonald
The court found a mother did not due a duty of care to her fetus and rejected Bonte instead found that the policy implications where too undesirable and therefore suit could not occur for injuries occurred until after birth
One view countered in Bonte v. Bonte
Parent/Child
Ard v. Ard
Allowed interfamily suit damages up to the limit of insurance coverage
Renko v. McLean
The parent-child immunity doctrine disallows suits between children and parents for torts occurring during the child’s minority.
Allstate Insurance Co. v. Kim
Three cases that developed parental immunity
Hewellette v. George; McKelvey v. McKelvey; Roller v. Roller
Parent/Child
Hewellette v George
A child could not sue her parent for being falsely held in an asylum because of parental immunity
Foundational case for parental immunity
Parent/Child
McKelvey v. McKelvey
A minor could not sue per father for cruel and inhuman treatment afflicted by her stepmother with the consent of the father
Foundational case for parental immunity
Parent/Child
Roller v. Roller
A minor child could not sue her father for rape even though he had been convicted of the criminal offense
Foundational case for parental immunity
Parent/Child
Holodook v. Spencer
Because of the many different economic, cultural and religious differences within American family parents should have the right to determine how much “independence, supervision, and control a child should have” and to control the development of their child
Parent/Child
General exceptions to parental immunity
- Parent is action outside his parental role and within the scope of employment
- If the paren acts willfully, wantonly, or recklessly
- If the child is emancipated
- If the child or parent dies
- If a third party is liable for the tort the protection of the parent does not transfer
- If the tortfeasor is standing in loco parentis (as if they were a parent)
Not all states have all exceptions
Parent/Child
Schleier v. Alter
A parent had a duty to “the world at large” rather than just the child in protecting others from a family dog known to bite and therefore could be held liable.
Duty at large=liability
Parent/Child
Glaskox v. Glaskox
Created an exception where a minor could sue when they were injured by the parent’s negligence which lead to a car accident
Streenz v. Streenz
Parents are liable for the Goller standard except: where the alleged negligent act involved the exclusive parental authority over the child OR where the alleged negligent act involved **the ordinary parental distraction **with respect to the provision of food, clothing, housing, medical and dental services, and other care
Parent/Child
Sandbak v. Sandbak
Parental immunity protected parents from suit when their child wandered into the neighbor’s property where they were attacked by a dog because the did not owe a duty to the world, just to the child
Becuase the neighbor owed a duty to the world to protect from the dog
Parent/Child
Sandbak v. Sandbak
Parental immunity protected parents from suit when their child wandered into the neighbor’s property where they were attacked by a dog because the did not owe a duty to the world, just to the child
Becuase the neighbor owed a duty to the world to protect from the dog
Parent/Child
Kawananakoa v. Polyblank
Sovereign immunity exists in America because of the logical issue that “there can be no legal right as against the authority that makes the law on which the right depends”
Governmental Immunity
Riss v. City of New York
Major topical rule
Absent legislation creating liability, a municipality is not liable in tort for a government service’s failure to protect the public from criminal activity.
Governmental Immunity
Schuster v. City of New York
Unless the policy take the affirmative action of beginning to protect someone, they have no duty to do so
Governmental Immunity
