Florida law bars an unemancipated minor from maintaining a negligence action against a parent for injuries sustained while a passenger in the parent's vehicle.
An unemancipated minor passenger in a vehicle operated by her mother suffered personal injuries in a collision and sued her mother for damages alleging simple and gross negligence. The trial court dismissed the complaint against the mother based on parental immunity. The appellate court addresses whether Florida law permits tort actions by unemancipated minors against their parents for negligence. Applying established Florida precedent, the court holds that the doctrine of parental immunity bars such claims. The court affirms the dismissal, concluding that the existing rule is correct and should not be abrogated.
No citing cases on record.
v.
Therese T. DENAULT and Putnam Lumber and Export Company, Appellees.
Larry S. Stewart, of Frates, Fay, Floyd & Pearson, Miami, for appellant.
Cecyl L. Pickle, of Knight, Underwood, Peters, Hoeveler & Pickle, Miami, for appellee Denault.
PER CURIAM.
This is an appeal from an order dismissing a complaint in a negligence action.
There was a collision between motor vehicles. An unemancipated minor was a passenger in one of the vehicles which was being operated by the minor's mother. The minor suffered personal injuries. The minor sued her mother for damages alleging simple and gross negligence on the part of her mother. The complaint was dismissed as to the mother on the basis of parental immunity.
A great deal has been written, pro and con, on the subject of tort actions by unemancipated minors against their parents. See 19 A.L.R.2d 423. We doubt that we can add anything to it. Suffice it to say that the issue has been previously determined in Florida and we are in nowise persuaded that Florida's rule is wrong or that it should be abrogated. We affirm upon authority of Meehan v. Meehan, Fla.App. 1961, 133 So.2d 776; Rickard v. Rickard, Fla.App. 1967, 203 So.2d 7.
Affirmed.
WALDEN, C.J., McCAIN, J., and TROWBRIDGE, C. PFEIFFER, Associate Judge, concur.