Strong v. Strong
| Decision Date | 12 April 1954 |
| Docket Number | No. 3771,3771 |
| Parties | STRONG v. STRONG. |
| Court | Nevada Supreme Court |
Woodburn, Forman & Woodburn and Gordon R. Thompson, Reno, for appellant.
Pike & McLaughlin, Reno, Donn B. Downen, Jr., Los Angeles, Cal., for respondent.
Upon petition for rehearing, appellant points out that in resting our decision upon the common-law rule that an unemancipated minor child cannot sue his parent in tort for personal injuries, we have disregarded a recognized exception to the rule.
That exception has to do with cases of intentional or willful acts on the part of the parent.
Appellant contends that since the complaint in this action alleges willful misconduct on the part of respondent a genuine issue has been raised as to whether the exception applies; and summary judgment was, therefore, improper.
The authorities cited by appellant to establish the exception to the general rule have to do with cases where the misconduct was deliberate and malicious, in one instance a case where one parent was shot and killed by the other. In our view such exception should not be held to apply to facts such as are before us where the case is based, as appellant concedes, primarily upon negligence and not malicious wrongdoing.
Rehearing denied.
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Eagan v. Calhoun, 109
... ... Glaskox, 614 So.2d 906 (Miss.1992) (abolishing parent-child immunity for motor torts); Strong v. Strong, 70 Nev. 290, 267 P.2d 240, reh'g denied, 70 Nev. 290, 269 P.2d 265 (1954) (common law doctrine of parent-child immunity barred an action ... ...
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First Union Nat. Bank of N. C. v. Hackney, 277
... ... 3 Strong, N.C. Index, Pleadings § 12, p. 627 ... The questions presented are of first impression in this jurisdiction ... ...
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Rupert v. Stienne
...Morrissett v. Morrissett, 80 Nev. 566, 397 P.2d 184 (1964); Kennedy v. Kennedy, 76 Nev. 302, 352 P.2d 833 (1960), and Strong v. Strong, 70 Nev. 290, 267 P.2d 240, 269 P.2d 265 This case deals with the question of responsibility for injuries to one spouse caused by the negligent operation of......
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Perkins v. Robertson
... ... the rule that unemancipated minors cannot sue a parent, or one in loco parentis, also applies to wrongful death actions based on negligence, Strong by Woodburn v. Strong, 70 Nev. 290, 297 P.2d 240, 269 P.2d 265 ... As to the causes of action alleging that the mother of the ... ...