83 Connecticut opinions name it 3 courts 1972–2006 0 in the last five years
The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dubay v. Irishgreen2 sentences2001The defendants rely heavily upon the case Dubay v. Irish , 207 Conn. 518 (1988), to argue that no exception to the parental immunity doctrine applies here. 2000See, e.g., City Recycling, Inc. v. State, supra, 247 Conn. 759 (“the issues of due process and equal protection of the law [under our state constitution] can be addressed only in light of the facts of record” [emphasis added]); Dubay v. Irish, 207 Conn. 518, 528 , 542 A.2d 711 (1988) (when plaintiff claims parental immunity doctrine violates equal protection clause of state constitution “plaintiff bears the heavy burden of demonstrating that, under the particular facts of [the] case, the parental immunity doctrine violates . . . constitutional rights” [emphasis added]); see also Barton v. Ducc | 3 | 36 |
Squeglia v. Squegliagreen2 sentences2003The plaintiffs also point to Squeglia v. Squeglia , 234 Conn. 259 , 265 (1995), which stated that the parental immunity doctrine seeks to "preserve the integrity and unity of the family and to avoid unnecessarily injecting the machinery of the state into the day-to-day exercise of parental discretion." The plaintiffs continue that if counterclaims or special defenses based on negligent parental supervision were allowed to stand, the purposes of the parental immunity doctrine would clearly be defeated. 1999See Squeglia v. Squeglia, 234 Conn. 259, 270 , 661 A.2d 1007 (1995) (recognizing that doctrine of parental immunity applies to § 22-357). | 3 | 20 |
Henderson v. Woolleygreen2 sentences2001CT Page 1208 The plaintiff responds by citing Henderson v. Woolley , 230 Conn. 472 (1994), where the Supreme Court answered the following question certified to it from the U.S. District Court for the District of Connecticut: Does the doctrine of parental immunity bar an action by a minor child against his or her parent for personal injuries arising out of sexual abuse, sexual assault or sexual exploitation? 2000Thus, in Henderson v. Woolley, 230 Conn. 472 (1994) the court held parental immunity would not bar an action by a minor against a parent for personal injuries arising out of a sexual abuse, assault or exploitation. | 3 | 9 |
Ascuitto v. Farricielligreen2 sentences2003The doctrine of parental immunity "bars an unemancipated child from suing his or her parents for personal injuries." Ascuitto v. Farricelli , 244 Conn. 692 , 697 (1998). 2003The doctrine of parental immunity "bars an unemancipated child from suing his or her parents for personal injuries." Ascuitto v. Farricelli , 244 Conn. 692 , 697 (1998). | 3 | 7 |
Dzenutis v. Dzenutisgreen2 sentences1995In Dzenutis v. Dzenutis, supra, 200 Conn. 290 , after having considered both the availability of insurance and the public nature of the duty involved, we declined to apply the parental immunity doctrine in situations involving tortious conduct by a parent arising out of business activities conducted away from home. 1992The plaintiff further appears to argue, by analogy, that the parental immunity doctrine which would ordinarily insulate the father from suit by a child in non motor vehicle 2 or non "business activity" torts should not be applied in the case where the family has been disrupted by a divorce and the negligent supervisor of a non-custodial father is at issue, and cites in support of that argument, Dzenutis v. Dzenutis, 200 Conn. 290 (1986). | 2 | 14 |
Mesite v. Kirchensteingreen2 sentences1997He relies on Mesite v. Kirchenstein, 109 Conn. 77 , 84 , 145 A. 753 (1929), for the proposition that "[t]he obligation of the father . . . to care for, guide, control and educate [his] child, and the reciprocal obligation of the child to serve and obey the parent, are essentials of the family relationship" and urges that to permit the child's suit would be to permit destruction of the family harmony that the parental immunity doctrine seeks to protect. 1997He relies on Mesite v. Kirchenstein, 109 Conn. 77 , 84 , 145 A. 753 (1929), for the proposition that "[t]he obligation of the father . . . to care for, guide, control and educate [his] child, and the reciprocal obligation of the child to serve and obey the parent, are essentials of the family relationship" and urges that to permit the child's suit would be to permit destruction of the family harmony that the parental immunity doctrine seeks to protect. | 2 | 10 |
Begley v. Kohl & Madden Printing Ink Co.green2 sentences2006The plaintiff, relying on the line of cases holding that a child may bring a vicarious liability action against his parent’s employer, notwithstanding the parent’s lack of direct liability under the doctrine of parental immunity; see, e.g., Begley v. Kohl & Madden Printing Ink Co., 157 Conn. 445, 449 , 254 A.2d 907 (1969); claims that her vicarious liability claims against Associates and the hospital are not time barred, despite the expiration of the statute of limitations as to Zimmerman. 2006The plaintiff, relying on the line of cases holding that a child may bring a vicarious liability action against his parent’s employer, notwithstanding the parent’s lack of direct liability under the doctrine of parental immunity; see, e.g., Begley v. Kohl & Madden Printing Ink Co., 157 Conn. 445, 449 , 254 A.2d 907 (1969); claims that her vicarious liability claims against Associates and the hospital are not time barred, despite the expiration of the statute of limitations as to Zimmerman. | 2 | 4 |
Hurst v. Capitellgreen2 sentences1998While this court is dubious whether sufficient evidence can be adduced in this case 2 to rise to the the intentional sexual assault at issue in Henderson, supra , and the sexual abuse in Hurst , supra , which could lead the court to conclude that the doctrine of parental immunity does not apply, 3 that question must be left to a later day. 1998While this court is dubious whether sufficient evidence can be adduced in this case 2 to rise to the the intentional sexual assault at issue in Henderson, supra , and the sexual abuse in Hurst , supra , which could lead the court to conclude that the doctrine of parental immunity does not apply, 3 that question must be left to a later day. | 2 | 2 |
Ashley v. Bronsongreen2 sentences1997See, e.g., Ashley v. Bronson, 189 Mich. App. 498 , 473 N.W.2d 757 (1991); Jenkins v. Snohomish County Public Utility Dist. 1997See, e.g., Ashley v. Bronson, 189 Mich. App. 498 , 473 N.W.2d 757 (1991); Jenkins v. Snohomish County Public Utility Dist. | 2 | 2 |
Crotta v. Home Depot, Inc.green2 sentences2003Relying on the Supreme Court's decision in Crotta v. Home Depot, Inc. , 249 Conn. 634 , 732 A.2d 767 (1999), on March 3, 2000, the defendant moved to strike count two of the plaintiff's complaint and asserted the argument that the action was barred by the doctrine of parental immunity. 2003Relying on the Supreme Court's decision in Crotta v. Home Depot, Inc. , 249 Conn. 634 , 732 A.2d 767 (1999), on March 3, 2000, the defendant moved to strike count two of the plaintiff's complaint and asserted the argument that the action was barred by the doctrine of parental immunity. | 1 | 12 |
Roberts v. Catongreen2 sentences1994See Roberts v. Caton, 224 Conn. 483, 491 , 619 A.2d 844 (1993) (declining to decide this issue). 1994See Roberts v. Caton, 224 Conn. 483, 491 , 619 A.2d 844 (1993) (declining to decide this issue). | 1 | 2 |
Haims v. Omni Fitness Equipment Specialists, No. 30 84 18 (Feb. 18, 1993)green2 sentences1994CT Page 10058-Q See also Haims v. Omni Fitness Equipment Specialists , 8 CSCR 268 (February 18, 1993, Fuller, J.) (holding that defendant can apportion liability with a parent who is a party to the child plaintiff's action, even though parent is immune under doctrine of parental immunity). 1994See also Haims v. Omni Fitness Equipment Specialists , 8 CSCR 268 (February 18, 1993, Fuller, J.) (holding that defendant can apportion liability with a parent who is a party to the child plaintiff's action, even though parent is immune under doctrine of parental immunity). | 1 | 2 |
| Barton v. Ducci Electrical Contractors, Inc.green | 1 | 1 |
| Connecticut National Bank v. Vooggreen | 1 | 1 |
| Pierre Seabrook v. Greater Bridgeport T., No. Cv95 032 83 66 (Apr. 9, 1998)green | 1 | 1 |
| Hartman Ex Rel. Hartman v. Hartmangreen | 1 | 1 |
| Cooper v. Delta Chi Housing Corp.green | 1 | 1 |
| Borst v. Borstgreen | 1 | 1 |
| Christine Ann Wilson, by Mother and Next Friend, Carolyn Ann Wilson v. Richard L. Wilsongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ooms v. Ooms
green
2 sentences1995The plaintiff first argues, on the basis of the cases that have concluded that the doctrine of parental immunity bars a claim of parental negligence by an unemancipated child; see Dubay v. Irish, 207 Conn. 518 , 542 A.2d 711 (1988); Ooms v. Ooms, 164 Conn. 48 , 316 A.2d 783 (1972); Begley v. Kohl & Madden Printing Ink Co., 157 Conn. 445 , 254 A.2d 907 (1969); that, because the doctrine has never been extended to any other action in tort, it applies only to actions alleging negligence. 1995The plaintiff first argues, on the basis of the cases that have concluded that the doctrine of parental immunity bars a claim of parental negligence by an unemancipated child; see Dubay v. Irish, 207 Conn. 518 , 542 A.2d 711 (1988); Ooms v. Ooms, 164 Conn. 48 , 316 A.2d 783 (1972); Begley v. Kohl & Madden Printing Ink Co., 157 Conn. 445 , 254 A.2d 907 (1969); that, because the doctrine has never been extended to any other action in tort, it applies only to actions alleging negligence. | 7 | 1988–1997 |
Hewlett v. George
red
2 sentences2000LAW In American jurisprudence, the doctrine of parental immunity appeared approximately one hundred years ago, having been first applied in the decision of a Mississippi court in Hewlett v. George, 68 Miss. 703 , 711 , 9 So. 885 (1891). 1995The doctrine of parental immunity, first recognized in Hewlett v. George, 68 Miss. 703 , 9 So. 885 (1891), overruled in part by Glaskox v. Glaskox, 614 So. 2d 906 (Miss. 1992), “forbid[s] to the minor child a right to appear in court in the assertion of a claim to civil redress for personal injuries suffered at the hands of the parent.” Hewlett v. George, supra, 711 . | 5 | 1986–2000 |
Pettengill v. Pettengill
neutral
2 sentences1994Section 52-572c provides: “In all actions for negligence in the operation of a motor vehicle, and in all actions accruing on or after October 1, 1979, for negligence in the operation of an aircraft or vessel, as defined in section 15-127, resulting in personal injury, wrongful death or injury to property, the immunity between parent and child in such negligence action brought by a parent against his child or by or on behalf of a child against his parent is abrogated.” See also Ooms v. Ooms, 164 Conn. 48 , 316 A.2d 783 (1972) (parental immunity doctrine extends to parent’s negligence in allowin 1994Section 52-572c provides: “In all actions for negligence in the operation of a motor vehicle, and in all actions accruing on or after October 1, 1979, for negligence in the operation of an aircraft or vessel, as defined in section 15-127, resulting in personal injury, wrongful death or injury to property, the immunity between parent and child in such negligence action brought by a parent against his child or by or on behalf of a child against his parent is abrogated.” See also Ooms v. Ooms, 164 Conn. 48 , 316 A.2d 783 (1972) (parental immunity doctrine extends to parent’s negligence in allowin | 5 | 1992–1994 |
Bueno v. Duva, No. 305195 (Jul. 9, 1992)
green
2 sentences1996Rptr. 237 ) (holding that the parental immunity doctrine does not prevent the trier from considering a parent's negligence for purposes of apportioning liability); Bueno v. Duva, 7 CSCR 919 (August 10, 1992, Fuller, J.) (even if direct claim by child against parent barred by parental immunity doctrine, negligence of parent who is party to the action considered when trier determines percentages of negligence). 1993The effect of the parental immunity doctrine upon joinder of parents as parties in a negligence action was considered in Bueno v. Duva, 7 CSCR 919 (1992), an action for negligence where a child on a bicycle was struck by an automobile. | 3 | 1993–1996 |
Kaplan v. Merberg Wrecking Corporation
green
2 sentences1999The District Court, acknowledging that this court has never considered whether the doctrine of parental immunity operates to bar a defendant from asserting third party claims for apportionment of liability, contribution or indemnification against the parent of a minor plaintiff on the basis of that parent’s negligent supervision of the child, certified the following questions to us: “(1) In an action based on [General Statutes] § 52-572m and common law negligence, may the parent of a minor plaintiff be joined as a third-party defendant for the purpose of indemnification based on negligent supe 1999The District Court, acknowledging that this court has never considered whether the doctrine of parental immunity operates to bar a defendant from asserting third party claims for apportionment of liability, contribution or indemnification against the parent of a minor plaintiff on the basis of that parent’s negligent supervision of the child, certified the following questions to us: “(1) In an action based on [General Statutes] § 52-572m and common law negligence, may the parent of a minor plaintiff be joined as a third-party defendant for the purpose of indemnification based on negligent supe | 2 | 1997–1999 |
Glaskox by and Through Denton v. Glaskox
green
2 sentences1995The doctrine of parental immunity, first recognized in Hewlett v. George, 68 Miss. 703 , 9 So. 885 (1891), overruled in part by Glaskox v. Glaskox, 614 So. 2d 906 (Miss. 1992), “forbid[s] to the minor child a right to appear in court in the assertion of a claim to civil redress for personal injuries suffered at the hands of the parent.” Hewlett v. George, supra, 711 . 1995The doctrine of parental immunity, first recognized in Hewlett v. George, 68 Miss. 703 , 9 So. 885 (1891), overruled in part by Glaskox v. Glaskox, 614 So. 2d 906 (Miss. 1992), “forbid[s] to the minor child a right to appear in court in the assertion of a claim to civil redress for personal injuries suffered at the hands of the parent.” Hewlett v. George, supra, 711 . | 2 | 1995–1998 |
Green v. Mancusi, No. Cv92 0128849 S (Jan. 18, 1994)
green
2 sentences1995The defendant relies upon two cases: Green v. Mancusi , 9 CSCR 117 (January 18, 1994), previously decided by this court, and Finley v. Tortora , 3 Conn. L. 1994Several trial courts have construed these statutory provisions as allowing "the negligence of the parent [to be] considered (provided the parent is a party) when a trier determines the percentages of negligence . . . even though the child cannot recover against the parent because of the parental immunity doctrine." Bueno v. Duva , 7 CSCR supra at p. 910; see also: CT Page 11571 Green v. Mancusi , 9 CSCR 117 (January 18, 1994) (granting a motion to strike a counterclaim by defendant against a parent on the basis that as parties to the action the parent's liability will be considered by the jury | 2 | 1994–1995 |
Jackson v. Johnson
green
2 sentences1990In Jackson v. Johnson, 9 Conn. App. 290 , 518 A.2d 666 (1986), cert. denied, 202 Conn. 804 , 519 A.2d 1208 (1987), this court determined that the defendant was not “operating” a motor vehicle within the terms of General Statutes § 52-572e, a statutory exception to the doctrine of parental immunity. 1990In Jackson v. Johnson, 9 Conn. App. 290 , 518 A.2d 666 (1986), cert. denied, 202 Conn. 804 , 519 A.2d 1208 (1987), this court determined that the defendant was not “operating” a motor vehicle within the terms of General Statutes § 52-572e, a statutory exception to the doctrine of parental immunity. | 2 | 1990–1994 |
State v. Liscio
green
2 sentences1990In Jackson v. Johnson, 9 Conn. App. 290 , 518 A.2d 666 (1986), cert. denied, 202 Conn. 804 , 519 A.2d 1208 (1987), this court determined that the defendant was not “operating” a motor vehicle within the terms of General Statutes § 52-572e, a statutory exception to the doctrine of parental immunity. 1990In Jackson v. Johnson, 9 Conn. App. 290 , 518 A.2d 666 (1986), cert. denied, 202 Conn. 804 , 519 A.2d 1208 (1987), this court determined that the defendant was not “operating” a motor vehicle within the terms of General Statutes § 52-572e, a statutory exception to the doctrine of parental immunity. | 2 | 1990–1994 |
Jackson v. Johnson
green
2 sentences1990In Jackson v. Johnson, 9 Conn. App. 290 , 518 A.2d 666 (1986), cert. denied, 202 Conn. 804 , 519 A.2d 1208 (1987), this court determined that the defendant was not “operating” a motor vehicle within the terms of General Statutes § 52-572e, a statutory exception to the doctrine of parental immunity. 1990In Jackson v. Johnson, 9 Conn. App. 290 , 518 A.2d 666 (1986), cert. denied, 202 Conn. 804 , 519 A.2d 1208 (1987), this court determined that the defendant was not “operating” a motor vehicle within the terms of General Statutes § 52-572e, a statutory exception to the doctrine of parental immunity. | 2 | 1990–1994 |
Raffuse v. Rollar Homes, Inc., No. Cv92-65051 (May 7, 1993)
neutral
2 sentences1994See Ortiz v. Douglas, 9 CTLR 62 (May 31, 1993, Hennessey, J.) (court denied motion to cite in as defendant father of minor plaintiff due to parental immunity doctrine); Waddicor v. Bozrah Light Power Co., 9 CTLR 190, 191 (May 28, 1993, Teller, J.) (court noted that even if plaintiff mother was properly joined for apportionment claim, mother immune from liability under doctrine of parental immunity); Raffuse v. Rollar Homes Inc., 8 CSCR 623 (May 7, 1993, Higgins, J.) (court granted third party defendant's motion to strike on ground that where parent cannot be sued by child in direct action purs 1994See Ortiz v. Douglas, 9 CTLR 62 (May 31, 1993, Hennessey, J.) (court denied motion to cite in as defendant father of minor plaintiff due to parental immunity doctrine); Waddicor v. Bozrah Light Power Co., 9 CTLR 190, 191 (May 28, 1993, Teller, J.) (court noted that even if plaintiff mother was properly joined for apportionment claim, mother immune from liability under doctrine of parental immunity); Raffuse v. Rollar Homes Inc., 8 CSCR 623 (May 7, 1993, Higgins, J.) (court granted third party defendant's motion to strike on ground that where parent cannot be sued by child in direct action purs | 2 | 1994–1994 |
Black v. Solmitz
green
2 sentences1992"The strong trend against across the board application of a rule of parental immunity in tort cases reflects a growing recognition that such a sweeping application results in excessive protection of the interests favored by CT Page 7918 the rule in derogation of the general principal that there should be no wrong without a remedy." Black v. Solmitz, 409 A.2d 634 (Me. 1979). 1992"The strong trend against across the board application of a rule of parental immunity in tort cases reflects a growing recognition that such a sweeping application results in excessive protection of the interests favored by the rule in derogation of the general principal that there should be no wrong without a remedy." Black v. Solmitz, 409 A.2d 634 (Me. 1979). | 2 | 1992–1992 |
Kaminski v. Town of Fairfield
green
2 sentences2003Parental Liability for a Child's Tort The defendant asserts, correctly, that "[a]t common law, the torts of children do not impose vicarious liability upon parents qua parents . . ." (Citation omitted.) Kaminski v. Fairfield , 216 Conn. 29 , 34 , 578 A.2d 1048 (1990). 2003Parental Liability for a Child's Tort The defendant asserts, correctly, that "[a]t common law, the torts of children do not impose vicarious liability upon parents qua parents . . ." (Citation omitted.) Kaminski v. Fairfield , 216 Conn. 29 , 34 , 578 A.2d 1048 (1990). | 1 | 2003–2003 |
Tobin v. Connecticut Housing Finance Authority, No. 333231 (Dec. 6, 1995)
neutral
1 sentence2003Tobin v. Connecticut Housing Finance Authority , Superior Court, judicial district of New Haven at New Haven, No. 333231 (Dec. 6, 1995) (Thompson, J.), 1995 Ct. Sup. 13612 , 15 Conn.L.Rptr. 471, citing Hribko v. Drubner , Superior Court, judicial district of New Haven at New Haven, No. CV 93-0352204 (March 11, 1996) (Corradino, J.), 1996 Ct. Sup. 1587 . | 1 | 2003–2003 |
Pickering v. Stanchak, No. Lpl-Cv-95-0470124s (Aug. 6, 1998)
neutral
1 sentence2003Richardson v. Schochat , Superior Court, judicial district of New Haven at New Haven, No. LPL-CV97 0398264 (January 29, 1998) (Lager, J.), 1998 Ct. Sup. 981 , 21 Conn.L.Rptr. 254; Pickering v. Stanchak , Superior Court, judicial district of Hartford/New Britain at New Britain, No. LPL-CV-95-0470124S (Aug. 6, 1998) (Lager, J.), 1998 Ct. Sup. 8622 , 22 Conn.L.Rptr. 518. | 1 | 2003–2003 |
Richardson v. Schochat, No. Lpl-Cv-97-0398264s (Jan. 29, 1998)
neutral
1 sentence2003Richardson v. Schochat , Superior Court, judicial district of New Haven at New Haven, No. LPL-CV97 0398264 (January 29, 1998) (Lager, J.), 1998 Ct. Sup. 981 , 21 Conn.L.Rptr. 254; Pickering v. Stanchak , Superior Court, judicial district of Hartford/New Britain at New Britain, No. LPL-CV-95-0470124S (Aug. 6, 1998) (Lager, J.), 1998 Ct. Sup. 8622 , 22 Conn.L.Rptr. 518. | 1 | 2003–2003 |
Hribko v. Drubner, No. Cv 93-0352204-S (Mar. 11, 1996)
neutral
1 sentence2003Tobin v. Connecticut Housing Finance Authority , Superior Court, judicial district of New Haven at New Haven, No. 333231 (Dec. 6, 1995) (Thompson, J.), 1995 Ct. Sup. 13612 , 15 Conn.L.Rptr. 471, citing Hribko v. Drubner , Superior Court, judicial district of New Haven at New Haven, No. CV 93-0352204 (March 11, 1996) (Corradino, J.), 1996 Ct. Sup. 1587 . | 1 | 2003–2003 |
Bricault v. Deveau
green
1 sentence2002Moreover, the citation to the Superior Court case of Bricault v. Deveau , 21 Conn. Sup. 486 (1960), where the doctrine of parental immunity was extended to a step-father, who stands in loco parentis to a minor, will CT Page 9421 not avail the defendant because it was clear there that the court held it was a factual matter to be pursued by a special defense and determined by a jury. | 1 | 2002–2002 |
| Mitchell v. Ensign-Bickford Haz-Pros, Inc., No. 119742 (Jul. 14, 1995) neutral | 1 | 2002–2002 |
| Bruno v. Civil Service Commission green | 1 | 2000–2000 |
| Cates v. Cates green | 1 | 2000–2000 |
| Schneider v. Coe green | 1 | 2000–2000 |
| Bruno v. Civil Service Commission green | 1 | 2000–2000 |
| Evans v. GTE Health Systems, Inc. neutral | 1 | 2000–2000 |
| Jilani by and Through Jilani v. Jilani green | 1 | 2000–2000 |
| Merrick v. Sutterlin green | 1 | 2000–2000 |
| Nowak v. Nowak green | 1 | 1999–1999 |
| Connecticut National Bank v. Douglas green | 1 | 1999–1999 |
| Chase v. New Haven Waste Material Corporation green | 1 | 1999–1999 |
| Grimes v. Conservation Commission green | 1 | 1999–1999 |
| State v. Plummer green | 1 | 1999–1999 |
| Normand Josef Enterprises, Inc. v. Connecticut National Bank green | 1 | 1999–1999 |
| Girard v. Weiss green | 1 | 1999–1999 |
| Johnson v. Terry green | 1 | 1999–1999 |
| Santosky v. Kramer green | 1 | 1998–1998 |
| Gibson v. Gibson green | 1 | 1998–1998 |
| Falco v. PADOS green | 1 | 1998–1998 |
| Winn v. Gilroy green | 1 | 1998–1998 |
| Burkert v. Petrol Plus of Naugatuck, Inc. green | 1 | 1997–1997 |
| Kyrtatas v. Stop & Shop, Inc. green | 1 | 1997–1997 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.