parent-child immunity (Indiana) · Go Syfert
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parent-child immunity in Indiana

7 Indiana opinions name it 2 courts 1977–2026 1 in the last five years

The cases below were cited by Indiana 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.

Followed or applied (2)

CaseFollowedCited
Cissna v. Stategreen
indctapp · 1976 · cited in 2 Indiana opinions naming this issue, 1987–1998
2 sentences

1987In Cissna v. State (1976), 170 Ind.App. 437 , 352 N.E.2d 793 , trans. denied, the court refused to create a parent-child privilege.

1987In Cissna v. State (1976), 170 Ind.App. 437 , 352 N.E.2d 793 , trans. denied, the court refused to create a parent-child privilege.

12
Witte v. Mundy Ex Rel. Mundygreen
ind · 2005 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026Mundy, 820 N.E.2d 128, 133 (Ind. 2005) (holding that trial court erred in denying defendant’s motion to name plaintiff child’s mother as a nonparty defendant because, even though the doctrine of parent-child immunity barred mother from being held liable to the child for causing or contributing to the child’s injuries, defendant’s share of fault, if any, for the child’s injuries could still be reduced due to mother’s negligence).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Buffalo v. Buffalo green
indctapp · 1982
2 sentences

2003The child appealed, arguing that "the doctrine of parent-child immunity does not preclude a suit for negligent injury by an unemancipated minor child against a non-custodial parent where the marriage of the child's parents was dissolved prior to the child's injury." Id. at 712 .

1990As noted in By/ falo the original purpose of the parent-child immunity doctrine was to promote family harmony and where "[the domestic peace and tranquility of the family has already been broken" by divorce "[njlo logical reason grounded in public policy or common sense can be advanced for continued imposition of the immunity rule in favor of a noncustodial parent." Buffalo, 441 N.E.2d 711, 714 .

21990–2003
Brunner v. Hutchinson Division, Lear-Siegler, Inc. green
sdd · 1991
1 sentence

1992The Restatement (Second) of Torts (1977) rejects the immunity in § 895(G) but recognizes a privilege of parental application of reasonable force or confinement for control, training, and education in § 147(1). 2 A recent overview discussing the approaches taken in cases reexamining parent-child tort immunity is provided in Brunner v. Hutchinson Div. Lear-Siegler, Inc. (D.S.D.1991), 770 F.Supp. 517 , 521: To date, a substantial majority of jurisdictions have abrogated the doctrine either partially or completely.

11992–1992
Sidle v. Majors green
ind · 1976
2 sentences

1990As stated in Sidle, "[these doctrines of immunity were judicially created and therefore were subject to judicial repeal [or modification] when, in our opinion, they were determined to be no longer compatible in our society." Sidle, 264 Ind. at 216 , 341 N.E.2d at 770 .

1990As stated in Sidle, "[these doctrines of immunity were judicially created and therefore were subject to judicial repeal [or modification] when, in our opinion, they were determined to be no longer compatible in our society." Sidle, 264 Ind. at 216 , 341 N.E.2d at 770 .

11990–1990
Vaughan v. Vaughan green
indctapp · 1974
2 sentences

1977Vaughan v. Vaughan (1974), 161 Ind. App. 497 , 316 N.E.2d 455 .

1977Vaughan v. Vaughan (1974), 161 Ind. App. 497 , 316 N.E.2d 455 .

11977–1977

Where else courts name it

MD 36 (1971–2025) CA 18 (2013–2024) NY 17 (1966–2023) IL 16 (1968–2010) NJ 13 (1970–2003) MA 9 (1975–2025) TX 7 (1983–2011) IN 7 (1977–2026) NC 7 (1981–2015) WA 4 (1980–2004) MS 4 (1985–2004) UT 3 (1981–1987) CT 3 (1986–1998) LA 3 (1972–1977) MN 3 (1966–1987) DC 2 (1999–1999) HI 2 (1970–1998) TN 2 (1994–2005) MO 2 (1993–1994) RI 2 (1982–1983) FL 2 (1999–2001)

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.

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