parent-child immunity in North Carolina

7 North Carolina opinions name it 2 courts 1981–2015 0 in the last five years

The cases below were cited by North Carolina 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 (3)

Case	Followed	Cited
Doe ex rel. Connolly v. Holtgreen nc · 1992 · cited in 2 North Carolina opinions naming this issue, 1994–2015 2 sentences 2015Therefore, this Court concluded that except where statutorily abrogated, id. at 93, 418 S.E.2d at 512-13 , the parent-child immunity doctrine “bax[s] actions between unemancipated children and their parents based on ordinary negligence,” id. at 95 , 418 S.E.2d at 514 . 2015Therefore, this Court concluded that except where statutorily abrogated, id. at 93, 418 S.E.2d at 512-13 , the parent-child immunity doctrine “bax[s] actions between unemancipated children and their parents based on ordinary negligence,” id. at 95 , 418 S.E.2d at 514 .	2	2
Small Ex Rel. Balthis v. Morrisongreen nc · 1923 · cited in 2 North Carolina opinions naming this issue, 1992–2015 2 sentences 2015Id. at 95 , 418 S.E.2d at 514 (quotingSmall v. Morrison, 185 N.C. 577, 584 , 118 S.E. 12, 15 (1923)). 2015Therefore, this Court concluded that except where statutorily abrogated, id. at 93, 418 S.E.2d at 512-13 , the parent-child immunity doctrine “bax[s] actions between unemancipated children and their parents based on ordinary negligence,” id. at 95 , 418 S.E.2d at 514 .	1	2
Lee v. Mowett Sales Co.green nc · 1986 · cited in 2 North Carolina opinions naming this issue, 1989–1992 2 sentences 1992We declined to do so because “[t]o judicially abolish the parent-child immunity after the legislature has considered and retained the doctrine would be to engage in impermissible judicial legislation.” Lee, 316 N.C. at 494 , 342 S.E.2d at 885 . 1992We declined to do so because “[t]o judicially abolish the parent-child immunity after the legislature has considered and retained the doctrine would be to engage in impermissible judicial legislation.” Lee, 316 N.C. at 494 , 342 S.E.2d at 885 .	1	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Hewlett v. George red miss · 1891 2 sentences 1992The doctrine of parent-child immunity was first recognized in the case of Hewllette v. George, 68 Miss. 703 , 9 So. 885 (1891). 1992In its opinion, the Small Court cited with approval four cases to justify its adoption of the doctrine of parent-child immunity, three of which involved intentional torts: Hewlett v. George, 68 Miss. 703 , 9 So. 885 (1891); McKelvey v. McKelvey, 111 Tenn. 388 , 77 S.W. 664 (1903); Roller v. Roller, 37 Wash. 242 , 79 P. 788 (1905).	2	1986–1992
Skinner v. Whitley green nc · 1972 2 sentences 1986In Skinner v. Whitley, 281 N.C. 476 , 189 S.E. 2d 230 (1972), this Court was urged to abolish the parent-child immunity doctrine in the case of a wrongful death caused by a father’s negligence. 1986In Skinner v. Whitley, 281 N.C. 476 , 189 S.E. 2d 230 (1972), this Court was urged to abolish the parent-child immunity doctrine in the case of a wrongful death caused by a father’s negligence.	2	1986–1992
Mabry Ex Rel. Bowen v. Bowen green ncctapp · 1972 2 sentences 1994In North Carolina, the parent-child immunity doctrine extends to stepparents standing in loco parentis, Morgan v. Johnson, 24 N.C.App. 307 , 210 S.E.2d 503 (1974); Mabry v. Bowen, 14 N.C.App. 646 , 188 S.E.2d 651 (1972), because applying the parent-child immunity doctrine to the stepparent situation, which is more permanent in nature than those having temporary custody and control, furthers the public policies underlying the doctrine. 1994In North Carolina, the parent-child immunity doctrine extends to stepparents standing in loco parentis, Morgan v. Johnson, 24 N.C.App. 307 , 210 S.E.2d 503 (1974); Mabry v. Bowen, 14 N.C.App. 646 , 188 S.E.2d 651 (1972), because applying the parent-child immunity doctrine to the stepparent situation, which is more permanent in nature than those having temporary custody and control, furthers the public policies underlying the doctrine.	1	1994–1994
Morgan v. Johnson green ncctapp · 1974 2 sentences 1994In North Carolina, the parent-child immunity doctrine extends to stepparents standing in loco parentis, Morgan v. Johnson, 24 N.C.App. 307 , 210 S.E.2d 503 (1974); Mabry v. Bowen, 14 N.C.App. 646 , 188 S.E.2d 651 (1972), because applying the parent-child immunity doctrine to the stepparent situation, which is more permanent in nature than those having temporary custody and control, furthers the public policies underlying the doctrine. 1994In North Carolina, the parent-child immunity doctrine extends to stepparents standing in loco parentis, Morgan v. Johnson, 24 N.C.App. 307 , 210 S.E.2d 503 (1974); Mabry v. Bowen, 14 N.C.App. 646 , 188 S.E.2d 651 (1972), because applying the parent-child immunity doctrine to the stepparent situation, which is more permanent in nature than those having temporary custody and control, furthers the public policies underlying the doctrine.	1	1994–1994
Attwood v. Estate of Attwood green ark · 1982 2 sentences 1992In Attwood v. Estate of Attwood, 276 Ark. 230 , 633 S.W.2d 366 (1982), Janice Attwood brought a complaint on behalf of her injured minor son against his father for causing the son injuries. 1992In Attwood v. Estate of Attwood, 276 Ark. 230 , 633 S.W.2d 366 (1982), Janice Attwood brought a complaint on behalf of her injured minor son against his father for causing the son injuries.	1	1992–1992
McKelvey v. McKelvey red tenn · 1903 2 sentences 1992In its opinion, the Small Court cited with approval four cases to justify its adoption of the doctrine of parent-child immunity, three of which involved intentional torts: Hewlett v. George, 68 Miss. 703 , 9 So. 885 (1891); McKelvey v. McKelvey, 111 Tenn. 388 , 77 S.W. 664 (1903); Roller v. Roller, 37 Wash. 242 , 79 P. 788 (1905). 1992In its opinion, the Small Court cited with approval four cases to justify its adoption of the doctrine of parent-child immunity, three of which involved intentional torts: Hewlett v. George, 68 Miss. 703 , 9 So. 885 (1891); McKelvey v. McKelvey, 111 Tenn. 388 , 77 S.W. 664 (1903); Roller v. Roller, 37 Wash. 242 , 79 P. 788 (1905).	1	1992–1992
Foldi v. Jeffries green nj · 1983 2 sentences 1992Id. at 545 , 461 A.2d at 1152 . 1992Id. at 545 , 461 A.2d at 1152 .	1	1992–1992
Doe ex rel. Connolly v. Holt neutral ncctapp · 1991 1 sentence 1992Doe v. Holt, 103 N.C.	1	1992–1992
Roller v. Roller green wash · 1905 2 sentences 1992In its opinion, the Small Court cited with approval four cases to justify its adoption of the doctrine of parent-child immunity, three of which involved intentional torts: Hewlett v. George, 68 Miss. 703 , 9 So. 885 (1891); McKelvey v. McKelvey, 111 Tenn. 388 , 77 S.W. 664 (1903); Roller v. Roller, 37 Wash. 242 , 79 P. 788 (1905). 1992In its opinion, the Small Court cited with approval four cases to justify its adoption of the doctrine of parent-child immunity, three of which involved intentional torts: Hewlett v. George, 68 Miss. 703 , 9 So. 885 (1891); McKelvey v. McKelvey, 111 Tenn. 388 , 77 S.W. 664 (1903); Roller v. Roller, 37 Wash. 242 , 79 P. 788 (1905).	1	1992–1992
Raftery v. Wm. C. Vick Construction Co. green nc · 1976 2 sentences 1982Raftery v. Construction Co., 291 N.C. 180 , 230 S.E. 2d 405 (1976) was a wrongful death action based on the negligent design and manufacture of a construction crane. 1982Raftery v. Construction Co., 291 N.C. 180 , 230 S.E. 2d 405 (1976) was a wrongful death action based on the negligent design and manufacture of a construction crane.	1	1982–1982
Watson Ex Rel. Vaughn v. Nichols green nc · 1967 2 sentences 1981Watson v. Nichols, 270 N.C. 733 , 155 S.E. 2d 154 (1967). 1981Watson v. Nichols, 270 N.C. 733 , 155 S.E. 2d 154 (1967).	1	1981–1981

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1-539.21 (5) NC § N.C. Gen. Stat. § 1A-1 (3)

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.

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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