status of the parental immunity in Illinois

1997The Cates court referenced its earlier decision in Stallman wherein it had before it the application of the parental immunity doctrine in an automobile negligence action, but reiterated that in Stallman " 'it [was] unnecessary’ for the court 'to reach the issue concerning the status of the parental immunity doctrine.’ ” Cates, 156 Ill. 2d at 84-85 , quoting Stallman, 125 Ill. 2d at 269 .

1997The Stallman court identified two issues on appeal, namely: "the status of the parental immunity doctrine in Illinois and the tort liability of mothers to their children for the unintentional infliction of prenatal injuries.” (Emphasis added.) Stallman, 125 Ill. 2d at 268 .

1997After examining the evolution of the parental immunity doctrine in Illinois and other jurisdictions, our supreme court partially abrogated the doctrine, holding that "the immunity should afford protection [only] to conduct inherent to the parent-child relationship” (Cotes, 156 Ill. 2d at 104 ) and concluding that "the negligent operation of an automobile is not conduct inherent to the parent-child relationship” (Cotes, 156 Ill. 2d at 106 ).

1997The Cates court referenced its earlier decision in Stallman wherein it had before it the application of the parental immunity doctrine in an automobile negligence action, but reiterated that in Stallman " 'it [was] unnecessary’ for the court 'to reach the issue concerning the status of the parental immunity doctrine.’ ” Cates, 156 Ill. 2d at 84-85 , quoting Stallman, 125 Ill. 2d at 269 .

1993(See also Stallman v. Youngquist (1984), 129 Ill.App.3d 859 , 85 Ill.Dec. 32 , 473 N.E.2d 400 , on remand (1987), 152 Ill.App.3d 683 , 105 Ill.Dec. 635 , 504 N.E.2d 920 .) Although "it [was] unnecessary" for the court "to reach the issue concerning the status of the parental immunity doctrine" ( Stallman, 125 Ill.2d at 269 , 126 Ill.Dec. 60 , 531 N.E.2d 355 ), the court vacated the appellate judgment to the extent that the ruling purported to effect a change in the status of the doctrine.

1993(See also Stallman v. Youngquist (1984), 129 Ill.App.3d 859 , 85 Ill.Dec. 32 , 473 N.E.2d 400 , on remand (1987), 152 Ill.App.3d 683 , 105 Ill.Dec. 635 , 504 N.E.2d 920 .) Although "it [was] unnecessary" for the court "to reach the issue concerning the status of the parental immunity doctrine" ( Stallman, 125 Ill.2d at 269 , 126 Ill.Dec. 60 , 531 N.E.2d 355 ), the court vacated the appellate judgment to the extent that the ruling purported to effect a change in the status of the doctrine.

1993(See also Stallman v. Youngquist (1984), 129 Ill.App.3d 859 , 85 Ill.Dec. 32 , 473 N.E.2d 400 , on remand (1987), 152 Ill.App.3d 683 , 105 Ill.Dec. 635 , 504 N.E.2d 920 .) Although "it [was] unnecessary" for the court "to reach the issue concerning the status of the parental immunity doctrine" ( Stallman, 125 Ill.2d at 269 , 126 Ill.Dec. 60 , 531 N.E.2d 355 ), the court vacated the appellate judgment to the extent that the ruling purported to effect a change in the status of the doctrine.

1993(See also Stallman v. Youngquist (1984), 129 Ill.App.3d 859 , 85 Ill.Dec. 32 , 473 N.E.2d 400 , on remand (1987), 152 Ill.App.3d 683 , 105 Ill.Dec. 635 , 504 N.E.2d 920 .) Although "it [was] unnecessary" for the court "to reach the issue concerning the status of the parental immunity doctrine" ( Stallman, 125 Ill.2d at 269 , 126 Ill.Dec. 60 , 531 N.E.2d 355 ), the court vacated the appellate judgment to the extent that the ruling purported to effect a change in the status of the doctrine.

1993Defendant also directs us to an observation made in a recent ruling of this district that the “ongoing validity of this doctrine has recently been confirmed by the Illinois Supreme Court in Stallman [111].” (Lawber v. Doil (1989), 191 Ill.