Sorrentino v. Sorrentino
| Decision Date | 19 July 1928 |
| Parties | Ralph SORRENTINO, an Infant, by Caroline Sorrentino, His Guardian ad Litem, Appellant, v. Frank SORRENTINO, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (222 App. Div. 835, 226 N. Y. S. 907), entered March 19, 1928, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, a boy 11 years of age, was injured, as alleged, through the negligence of defendant, his father, in driving an automobile in which they were riding in such a careless manner that the car was overturned. The complaint was dismissed on the ground that a minor child living with his father cannot maintain an action to recover from the father damages for an unintentional injury.
Andrew Byrne and Julius J. Gans, both of New York City, for appellant.
John T. Loughran and Robert H. Charlton, both of New York City, for respondent.
Judgment affirmed, with costs. Held, that an action for personal injuries resulting from negligence may not be maintained against a parent by an unemancipated minor child.
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