244 Conn. 692 | Conn. | 1998
Lead Opinion
Opinion
The issue in this appeal is whether the doctrine of parental immunity, which generally bars unemancipated minors from suing their parents for personal injuries, prevents a child of divorced parents from bringing a negligence action against a noncustodial parent for injuries the child sustained while in that parent’s home during a scheduled visitation period. Specifically, we must decide whether the trial court properly granted the defendant father’s motion for summary judgment based on the doctrine of parental immunity. We conclude that the doctrine of parental immunity applies and, accordingly, we affirm the judgment.
The record reveals the following facts. The plaintiff, Lisa Ann Ascuitto, and the named defendant,
On August 22,1994, a fire broke out in the defendant’s home while Ariana was visiting him. In order to escape the fire, the defendant jumped from a second story window carrying Ariana in his arms. Ariana suffered various injuries in this fall including bums, permanent scarring and disfigurement, a fractured skull, pain and suffering and psychological trauma. The defendant carried insurance on his home and made a claim for property damage resulting from the fire. The record is silent, however, as to whether he carried liability insurance.
The plaintiff filed an action on behalf of her daughter alleging, inter alia, that the fire was caused by the defendant’s negligence in that: (1) the electrical system in his home had been installed and maintained improperly;
The defendant filed a motion for summary judgment claiming that the action against him was barred by the doctrine of parental immunity. The trial court granted the motion, and in its memorandum of decision stated that “the parental immunity doctrine protects a divorced parent who has joint custody of a minor child even when physical custody is primarily with another parent.”
The plaintiff claims that the trial court improperly granted the defendant’s motion for summary judgment because the doctrine of parental immunity does not apply in this case. The plaintiff argues: (1) the purpose behind the doctrine, which is to preserve family harmony, is not served where the parents are divorced and the child is suing the noncustodial parent; (2) the defendant’s negligent acts did not concern parental supervision and discretion but, instead, posed a risk to the general public; and (3) the trial court failed to consider whether the defendant was covered by insurance.
Parental immunity from personal injury actions by unemancipated minor children was unknown at common law; W. Prosser, Torts (4th Ed. 1971) § 3; and was first applied in the United States as a common-law principle in 1891 in Hewlett v. Ragsdale, 68 Miss. 703,
Courts have relied on a number of theories to justify barring personal injury actions by unemancipated minors against their parents. Among these are “[t]he danger of ‘fraud’ . . . the possibility that the defendant might inherit the amount recovered in case of the plaintiffs death, [and] that the family exchequer might be depleted at the expense of other children . . . .” W. Prosser & W. Keeton, Torts (5th Ed. 1984) § 122, p. 905. The primary rationale, however, and the one that this court has relied upon, is the preservation of family harmony and the protection of the parent-child relationship. “The peace of society, and of the families composing society, and a sound public policy, designed to subserve the repose of families and the best interests of society, forbid 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. The State and society are vitally interested in the integrity and unity of the family and in the preservation of the family relation. The obligation of the father, or it may be the mother, to care for, guide, control and educate their child, and the reciprocal obligation of the
Because it is a common-law rule, the doctrine of parental immunity is subject to both legislative and judicial modification. Id., 264-65. In 1967, the legislature expressly abrogated the doctrine with respect to negligence in the operation of motor vehicles. Public Acts 1967, No. 596, § 1, subsequently codified as General Statutes (Rev. to 1968) § 52-572c. This exception was broadened in 1979, by Public Acts 1979, No. 79-5, to include aircraft and vessels.
Parental immunity has been judicially abrogated in two circumstances. First, we have held that the doctrine does not apply where the alleged negligence arose out of the parent’s operation of a business when the injury occurred away from the home at the parent’s place of business. Dzenutis v. Dzenutis, supra, 200 Conn. 301. “In [Dzenutis], 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. In that case, the plaintiff had been severely burned when he tripped over a bucket of hot tar that his father, the defendant, had left unguarded on the sidewalk adjacent to the building upon which he was working. We based our decision on three factors. First, we determined that liability insurance was prevalent in
We also have declined to apply parental immunity to bar a suit by a child for sexual abuse, sexual assault or sexual exploitation by a parent. Henderson v. Woolley, 230 Conn. 472, 486, 644 A.2d 1303 (1994). In that case, we concluded that because “[f]amilial discord or dysfunction obviously exists where parental sexual abuse occurs”; id., 482; “the purpose of the doctrine would [not] be served by extending it to shield a parent from a civil action alleging sexual abuse.” Id. Additionally, we noted that “[w]hen a parent perpetrates such a crime upon his or her child, that act constitutes a breach of the duty owed not only to the child, but to the public at large, and there is no reason to immunize such conduct from a civil action in damages merely because of the familial relationship.” Id., 483.
The plaintiff has argued that the doctrine of parental immunity, which serves the purpose of protecting family harmony, should not bar a suit against a noncustodial parent because: (1) when the doctrine first evolved, the prevailing view of families did not include divorce; (2) when the parents are divorced, there is no longer any family harmony to protect; and (3) the noncustodial parent’s home is not the family home. This line of argument fails to account for the many parents who strive
The primary focus of the parental immunity doctrine in Connecticut is the protection of the relationship between the parent and the child. The protection of that relationship enables the parent to raise the child effectively without undue interference from the state. See Mesite v. Kirchenstein, supra, 109 Conn. 84 (recognizing that reciprocal obligations of parent and child are “essentials of the family relationship”); Dubay v. Irish, supra, 207 Conn. 527-28 (decrying unnecessary court interference in child rearing). We explicitly noted in Mesite that the obligation to “care for, guide, control and educate their child” may rest with “either” the father or the mother. Mesite v. Kirchenstein, supra, 84. It is clear', therefore, that the protected relationship is the one between the parent and the child and not primarily the relationship between the parents.
The plaintiff contends that the prevailing view of family life in existence at the time we adopted the doctrine of parental immunity did not include divorced parents or the formalized visitation orders that are often in place today. She apparently is arguing that the reasons supporting parental immunity do not apply in the context of divorce because the assumptions under which the doctrine evolved have changed, and because the social conditions that spawned it no longer exist. We disagree. We acknowledge that “ [traditional models of the nuclear family have come, in recent years, to be replaced by various configurations of parents, stepparents, adoptive parents and grandparents.” Michaud v. Wawruck, 209 Conn. 407, 415, 551 A.2d 738 (1988).
Furthermore, the doctrine of parental immunity, which protects family harmony by preventing discord between parents and children, is consistent with the policy of encouraging divorced parents to assume responsibility for their children. While divorce severs the marital relationship between parents, the parent-child relationship and the relationship between former spouses as parents remain. A divorce does not end the parents’ responsibilities to the child. They continue to have the duty to provide shelter, food, educational and moral guidance, and affection while the child is in their care. In re Juvenile Appeal (Docket No. 9489), supra, 183 Conn. 15. We recognize “the benefit that inures . . . when a good relationship is maintained after divorce.” Fugate v. Fugate, 582 S.W.2d 663, 669 (Mo. 1979).
The plaintiff here could not reasonably argue, and she has not done so, that the defendant was absolved
Because we disagree with the plaintiff’s argument that the child and her father do not comprise a family for the purposes of parental immunity, we also reject her argument that the child’s injury did not occur in the family home. The defendant and his daughter have a familial relationship and his home is, therefore, the family home insofar as he shares it with her.
The plaintiff relies on three cases from other jurisdictions to support the proposition that parental immunity should not apply to the present case. One of these cases is not helpful because it concerns the application of a Louisiana statute specifically providing that parental immunity does not bar actions against noncustodial parents. Bondurant v. Bondurant, 386 So. 2d 705, 706 (La. App. 1980). In the two remaining cases, the Missouri Supreme Court and the Indiana Court of Appeals declined to apply parental immunity to personal injury actions brought against a noncustodial parent.
In Fugate v. Fugate, supra, 582 S.W.2d 663, the Missouri Supreme Court declined to bar a minor child’s
In Buffalo v. Buffalo, 441 N.E.2d 711 (Ind. App. 1982), the Indiana Appellate Court abrogated parental immunity where an unemancipated minor child of divorced parents brought an action against his noncustodial father in negligence for injuries occurring when he was bitten by his father’s dog. Although the mother had custody, the father had been awarded reasonable visitation. The incident giving rise to the action occurred while the child was with his father pursuant to those visitation rights. The Indiana Appellate Court, relying in part on Fugate, concluded that the reason for the doctrine no longer existed because the family unit had been broken and a new unit, consisting of the child and his mother, had formed. Id., 713. Because the mother bore the responsibility for the child’s upbringing and discipline, the court determined that there was no logical reason to apply the doctrine to the noncustodial father. Id. We reject the reasoning in Buffalo, and agree with the dictum in Fugate insofar as that court declined to extend its holding to cases in which the negligence of the noncustodial parent occurred when the child was in that parent’s temporary custody.
The plaintiff next argues that the doctrine of parental immunity is inapplicable to the present case because the defendant’s acts do not concern the “day-to-day exercise of parental discretion,” but, rather, involve the
The fact that the incident occurred in the defendant’s home reinforces the conclusion that it involved the exercise of parental discretion. Squeglia v. Squeglia, supra, 234 Conn. 268; Dubay v. Irish, supra, 207 Conn. 525. Even though the alleged negligence occurred in the home, however, we need not conclude automatically that parental discretion was involved. See Henderson v. Woolley, supra, 230 Conn. 472. It is the nature of the act and its relationship to the welfare and care of the child that are determinative.
The plaintiff also argues that negligent acts creating a risk of fire breach a duty owed to the general public because anyone could have been hurt. Although this is certainly true, we conclude that it is not relevant to the present case. In Squeglia v. Squeglia, supra, 234 Conn.
The plaintiff further argues that the trial court failed to consider the presence of insurance. Our reading of the record contradicts the plaintiffs argument. In fact, the trial court, in its memorandum of decision, expressly recognized this court’s discussion of the relevance of insurance in Dzenutis v. Dzenutis, supra, 200 Conn. 299-300, and noted that the plaintiff had placed the availability of insurance at issue. Indeed, although the availability of insurance has been a factor in our decisions addressing the applicability of the parental immunity doctrine, we have repeatedly said that it is not the primary or decisive factor. Squeglia v. Squeglia, supra, 234 Conn. 264-65; Dubay v. Irish, supra, 207 Conn. 524; Dzenutis v. Dzenutis, supra, 299. We have
We further note that the “unseemly discord” engendered by intrafamily lawsuits is not solely financial in origin. “The prospect of greeting an adolescent judgment creditor at the dinner table each day would likely strain the familial relationship even for the most saintly of parents.” Dzenutis v. Dzenutis, supra, 200 Conn. 296. Although we have noted that this discord may be lessened by the presence of insurance; id.; the manner in which an adverse judgment is satisfied is not the sole, or even the primary, threat to family harmony that results when an unemancipated child brings an action against a parent.
In conclusion, the negligent acts alleged in the plaintiffs complaint did not constitute the breach of a duty owed to the general public. We also conclude that a parent’s decisions affecting the maintenance of a safe and appropriate home constitute an exercise of parental discretion and are, therefore, particularly to be protected from court interference. Furthermore, divorce, in and of itself, is not so destructive to family harmony that the purpose of the doctrine of parental immunity is no longer served. Finally, unlike Dzenutis, this case does not present a situation in which the availability of insurance supports abrogating the doctrine of parental immunity. For the foregoing reasons we conclude that the doctrine of parental immunity bars the present negligence action.
The judgment is affirmed.
In this opinion CALLAHAN, C. J., and BORDEN, NOR-COTT, PALMER and PETERS, Js., concurred.
There were ten other defendants named in this action, including the city of West Haven, various city firefighters and fire officials, and a security company that had installed and monitored the fire alarms in the named
The parties do not dispute that Ariana was an unemancipated minor at the time of the injury and that she remains so today.
Accordingly, the trial court did not assess the plaintiffs factual allegations of negligence.
The plaintiff has not argued that the doctrine of parental immunity should be abrogated in its entirety. We, therefore, leave the questions raised by the dissent for another day.
General Statutes § 52-572c now provides: “Parent-child immunity abrogated in certain negligence actions. 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 ir\jury 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.”
There has been a marked change in the composition of families in Connecticut. In 1980, married couple families with children under eighteen years of age comprised 81.8 percent of all families and female headed households with no husband present comprised 16.3 percent of families with children
The Missouri Supreme Court has subsequently abolished the doctrine of parental immunity and replaced it with a reasonable parent standard. Hartman v. Hartman, 821 S.W.2d 852, 858 (Mo. 1991).
The dissent urges us to abrogate the doctrine of parental immunity where it has been demonstrated that insurance is available to cover any judgment against the parent. As we indicated in the text of this opinion, our conclusion in this case would be the same even if it had been established that the defendant carried liability insurance. We note, however, that the record in this case is barren of any evidence on the general prevalence of homeowner’s liability insurance and the trial court made no findings of fact regarding this issue. We also note that, although the defendant testified that he carried homeowner’s insurance and made a claim for property damage, the record is silent as to whether he carried liability insurance. Furthermore, the plaintiff conceded at oral argument that it was not clear from the defendant’s testimony whether the insurance covered bodily injury and that she had failed to make the distinction between property and liability insurance.
The plaintiff has neither raised nor briefed the issue of abrogation of the doctrine, arguing instead that the doctrine is inapplicable under the narrow circumstances of this case. See footnote 4 of this opinion. Given the state of the record and the lack of briefing on this issue, we would be rendering an advisory opinion if we abrogated the doctrine based on the probability that a judgment against the defendant would be covered by insurance.
We, therefore, disagree with the dissent’s assertion that “in negligence actions the risk of family discord is diminished by the fact that an adverse judgment typically will be satisfied by an insurance carrier, while in other kinds of actions an award generally must be paid by the defendant personally. ” A negligence action for personal injury uniquely implicates the parent’s authority to care for his or her child in a way that is not inherently present in a property dispute. A negligence action is, therefore, especially likely to be disruptive of family harmony.
Dissenting Opinion
dissenting. The majority continues to justify the doctrine of parental immunity based upon the rationale that it is necessary for “the preservation of family harmony and the protection of the parent-child relationship.” The implausibility of this rationale is demonstrated when it is considered with respect to other litigation between parents and children that is not barred. As Professors Fowler Harper, Fleming James and Oscar Gray point out in their treatise on torts, “[ajctions both at law and in equity have always been maintained between parent and child respecting the child’s property rights, and courts have not hesitated to apply the usual principles merely because the parties
“The speculative theory of family disruption upon which the doctrine of parental immunity is largely based has been criticized and rejected by legal scholars without exception.” Falco v. Pados, 444 Pa. 372, 379-80, 282 A.2d 351 (1971). “[O]ne state after another [has] reexamined and rejected broad parental immunity from liability for negligence, finding that the doctrine could not logically be supported by any reason that had been advanced for it.” Winn v. Gilroy, 296 Or. 718, 726, 681 P.2d 776 (1984). Although all litigation between family members carries with it the risk of some disruption to family harmony, it is the wrongful infliction of the injury that constitutes the primary disruption to that harmony. Falco v. Pados, supra, 380. Exceptions to the general principle of liability for wrongdoing and the public policy favoring redress for injuries wrongly inflicted bear
The preservation of family harmony theory is particularly vulnerable when the injury is of a sort likely to be covered by insurance. The commentary to the Restatement (Second) of Torts points out that in negligence actions the risk of family discord is diminished by the fact that an adverse judgment typically will be satisfied by an insurance carrier, while in other kinds of actions an award generally must be paid by the defendant personally. See 4 Restatement (Second), Torts § 895G, comment (c) (1979); 2 F. Harper, F. James & O. Gray, supra, § 8.11, p. 576. This court similarly has recognized that “if there is insurance, family discord is too remote a possibility; if there is none, unless the family is already divisive, the suit is not likely to be brought if family assets will be depleted.” Dzenutis v. Dzenutis, 200 Conn. 290, 297, 512 A.2d 130 (1986).
The fear of fraudulent actions between family members also fails to justify the continued preservation of the doctrine. The risk of collusion is no greater in an action by a minor child against a parent than in an
I will not restate the history of the adoption of parent-child immunity in this state which we have repeatedly set forth; see Squeglia v. Squeglia, 234 Conn. 259, 263-65,661 A.2d 1007 (1995); other than to remind the reader that it is a judicially crafted doctrine. See Mesite v. Kirchenstein, 109 Conn. 77, 145 A. 753 (1929). Many states either have never adopted parental immunity or have completely abrogated the doctrine.
The legislature removed the parent-child immunity defense when the injury arises out of the negligent operation of a motor vehicle, an aircraft or a vessel.
In rejecting immunity between siblings, what this court had to say in Overlock v. Ruedemann, 147 Conn. 649, 165 A.2d 335 (1960), is particularly germane to the present case. Chief Justice Baldwin, for a unanimous court, wrote: “We see no logic or reason in affording an immunity when the plaintiff and the defendant are unemancipated minor children in the same family. . . . The idea that a lawsuit between members of the same family would be disruptive of family unity was created by the courts and became the basis for the common-law rule that such an action is contrary to public policy. . . . But the tendency has been to whittle away the
This court continued the assault on familial immunity in Dzenutis v. Dzenutis, supra, 200 Conn. 299-300, wherein the court concluded that parental immunity does not bar an action for personal injuries by an unemancipated minor against his parent when the accident occurs at a place of business. In Dzenutis, the court identified three factors that are relevant to whether the doctrine should block a child’s cause of action against a parent: (1) whether the alleged negligent conduct of the parent was a matter of parental discretion; (2) whether the duty breached was owed to the public generally or only to the child; and (3) whether insurance likely existed to cover such a loss. Id., 295-301. Even under this three-prong test, the facts of the present case argue for denying the parent-child immunity defense: (1) the proper care and maintenance of the wiring in the house did not arise out of the relationship between the defendant and his daughter; (2) the proper care and maintenance of the wiring in the house was a duty that the defendant owed to the community generally, including neighbors and firefighters who might have suffered injury as the result of the fire; and (3)
Most recently, in Henderson v. Woolley, 230 Conn. 472, 486, 644 A.2d 1303 (1994), we concluded that the doctrine of parental immunity does not bar an action by an unemancipated child against a parent for injuries resulting from sexual abuse, sexual assault or sexual exploitation.
We now find ourselves in the same position as the California Supreme Court in Gibson v. Gibson, supra, 3 Cal. 3d 918-19. Our decisions in Brown, Bushnell, Overlock, Dzenutis and Henderson have “whittled away” the rule of parent-child immunity, eroding the foundations upon which it purportedly rests. “[T]he reasoning of [prior] decisions has totally destroyed two of the three grounds traditionally advanced in support of . . . immunity: (1) disruption of family harmony and (2) fraud or collusion between family ‘adversaries.’ The third ground, the threat to parental authority and discipline, although of legitimate concern, cannot sustain a total bar to parent-child negligence suits.” Id., 919.
In my view, the time is now ripe for this jurisdiction to abolish immunity in favor of the parent or the child.
In short, we should adopt the law as set forth in the Restatement (Second) of Torts, which provides: “A parent or child is not immune from tort liability to the other solely by reason of that relationship.” 4 Restatement (Second), supra, § 895G (1). Abrogation of the doctrine would not mean that the relationship between parent and child is irrelevant with regard to an action predicated on negligence. Section 895G (2) of the Restatement (Second) points out that this repudiation of immunity “does not establish liability for an act or omission that, because of the parent-child relationship, is otherwise privileged . . . .” The privilege referred to in § 895G and discussed in §§ 147 through 155 of the Restatement (Second), entitled “Privilege to Discipline Children,” however, is not applicable to this case.
What is appropriate in the present case is a determination of whether the conduct of the defendant was reasonable. “[Although a parent has the prerogative and
I believe that we should adopt the California “reasonable parent” standard. The determination of whether an act was reasonable given the uniqueness of the parent-child relationship should be left to the proven competence of juries. Juries have a proven ability to understand what is reasonable and long have been applying the reasonableness standard in negligence actions. The mere fact that the action is between a parent and a child should not affect the jury’s ability to arrive at the proper conclusion.
Accordingly, I dissent.
In abrogating the doctrine of parental immunity, the California Supreme Court reasoned that “[i]t would be anomalous for us to give greater protection to property rights than to personal rights.” Gibson v. Gibson, 3 Cal. 3d 914, 919 n.7, 479 P.2d 648, 92 Cal. Rptr. 288 (1971). It also noted that “ ‘[i]t is common knowledge that some of the most acrimonious family disputes have arisen in respect to property.’ McCurdy, [‘Torts Between Persons in Domestic Relation,’ 43 Harv. L. Rev. 1030, 1075 (1930)].” Gibson v. Gibson, supra, 919 n.7.
When it abrogated the doctrine of parental immunity, the Pennsylvania Supreme Court reasoned that: “[The] law has never fashioned protection for parents against actions by their children involving property rights or breach of contract, where litigation can rise to great heights of antagonism. Yet, such protection has been created where the posture of the family is that of trying to repair a rupture by restoring one of its members to health.” Falco v. Pados, 444 Pa. 372, 380, 282 A.2d 351 (1971).
In deciding, in 1914, to allow a cause of action by one spouse against the other, this court reasoned that “ [t]he danger that the domestic tranquility may be disturbed if husband and wife have rights of action against each other for torts ... we think is not serious. . . . Courts are established and maintained to enforce remdies for every wrong . . . .” Brown v. Brown, 88 Conn. 42, 48-49, 89 A. 889 (1914). Several years later, the court observed that “the broad principle of liability announced in the Brown case . . . has not been questioned since, and the dangers from it which we then refused to regard as substantial have not in fact made themselves manifest. ” Bushnell v. Bushnell, 103 Conn. 583, 587, 131 A. 432 (1925).
The majority claims that “the record is silent as to whether [the defendant] carried liability insurance.” I read a different record. First, the trial court’s memorandum of decision acknowledges that liability insurance would cover the defendant for this incident. Second, the defendant does not deny that the incident would be covered by liability insurance. Third, the majority concedes that the defendant had homeowner’s insurance coverage and I take judicial notice that generally homeowners carry liability insurance as part of their overall homeowner’s insurance policy.
More importantly, this court has pointed out that in considering whether to establish an exception to parent-child immunity, it is not the actual
Ironically, the result of the majority’s decision in the present case is that the defendant was able to make an insurance claim for the physical damage to his home, but was not able to make a claim for the physical injury to his daughter’s person.
See footnote 3 of this dissent.
This court recognized and rejected the possibility of collusion as a basis for justifying immunity between siblings: “Courts and juries are frequently called upon to uncover fraud perpetrated in the infinite variety of forms which human ingenuity can devise. There is no reason why they could not as well discover its practice within the family circle.” Overlook v. Ruedemann, 147 Conn. 649, 654, 165 A.2d 335 (1960), citing Midkiff v. Midkiff, 201 Va. 829, 833, 113 S.E.2d 875 (1960).
The following jurisdictions never adopted the parent-child immunity doctrine: Rousey v. Rousey, 528 A.2d 416 (D.C. App. 1987) (en banc); Petersen v. Honolulu, 51 Haw. 484, 462 P.2d 1007 (1969); Nocktonick v. Nocktonick, 227 Kan. 758, 611 P.2d 135 (1980); Transan),erica Ins. Co. v. Royle, 202 Mont. 173, 656 P.2d 820 (1983); Rupert, v. Stienne, 90 Nev. 397, 528 P.2d 1013 (1974); Briere v. Briere, 107 N.H. 432, 224 A.2d 588 (1966); Elkington v. Foust, 618 P.2d 37 (Utah 1980); Wood v. Wood, 135 Vt. 119, 370 A.2d 191
The six states that continue to recognize full, unrestricted parental immunity are: Coleman v. Coleman, 157 Ga. App. 533, 278 S.E.2d 114 (1981); Vaughen v. Vaughen, 161 Ind. App. 497, 316 N.E.2d 455 (1974); Bondurant v. Bondurant, 386 So. 2d 705 (La. App. 1980); Warren v. Warren, 336 Md. 618, 650 A.2d 252 (1994); Rayburn v. Moore, 241 So. 2d 675 (Miss. 1970); Barranco v. Jackson, 690 S.W.2d 221 (Term. 1985).
The following jurisdictions have limited parent-child immunity: Meyer v. State Farm Mutual Automobile Ins. Co., 689 P.2d 585 (Colo. 1984) (en banc), citing Trevarton v. Trevarton, 151 Colo. 418, 378 P.2d 640 (1963); Ard v. Ard, 395 So. 2d 586 (Fla. App. 1981), aff'd in part, 414 So. 2d 1066 (Fla. 1982); Kendall v. Sears, Roebuck & Co., 634 S.W.2d 176 (Mo. 1982) (en banc); Fugate v. Fugate, 582 S.W.2d 663 (Mo. 1979) (en banc); Silva v. Silva, 446 A.2d 1013 (R.I. 1982); Lee v. Comer, 159 W. Va. 585, 224 S.E.2d 721 (1976); Allstate Ins. Co. v. Wyoming Ins. Dept., 672 P.2d 810 (Wyo. 1983); see also N.C. Gen. Stat. § 1-539.21 (1997).
These jurisdictions specifically retain immunity in actions based upon the negligent exercise of parental authority: Hebel v. Hebel, 435 P.2d 8 (Alaska 1967); Sandoval v. Sandoval, 128 Ariz. 11, 623 P.2d 800 (1981); Gibson v. Gibson, supra, 3 Cal. 3d 914; Dubay v. Irish, 207 Conn. 518, 542 A.2d 711 (1988); Schneider v. Coe, 405 A.2d 682 (Del. 1979); Farmers Ins. Group v. Reed, 109 Idaho 849, 712 P.2d 550 (1985); Larson v. Buschkamp, 105 Ill. App. 3d 965, 435 N.E.2d 221 (1982); Wagner v. Smith, 340 N.W.2d 255 (Iowa 1983); Rigdon v. Rigdon, 465 S.W.2d 921 (Ky. 1970); Black v. Solmitz, 409 A.2d 634 (Me. 1979); Sorensen v. Sorensen, 369 Mass. 350, 339 N.E.2d 907 (1975); Wright v. Wright, 134 Mich. App. 800, 351 N.W.2d 868 (1984); Foldi v. Jeffries, 93 N.J. 533, 461 A.2d 1145 (1983); Sixkiller v. Summers, 680 P.2d 360 (Okla. 1984); Felderhoff v. Felderhoff, 473 S.W.2d 928 (Tex. 1971); Wright v. Wright, 213 Va. 177, 191 S.E.2d 223 (1972); Goller v. White, 20 Wis. 2d 402, 122 N.W.2d 193 (1963).
The following jurisdictions have full immunity except for torts involving wilful, wanton or intentional conduct: Hurst v. Capitell, 539 So. 2d 264 (Ala. 1989); Carpenter v. Bishop, 290 Ark. 424, 720 S.W.2d 299 (1986); Pullen v. Novak, 169 Neb. 211, 99 N.W.2d 16 (1959); Talarico v. Foremost Ins. Co., 105 Wash. 2d 114, 712 P.2d 294 (1986) (en banc).
A “vessel” is defined in General Statutes § 15-127 as “every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water.”
The majority claims in footnote 4 of its opinion that it leaves the question of whether the doctrine of parent-child immunity should be abrogated “for another day” because the plaintiff has not argued for abrogation of the doctrine in its entirety. I find this statement to be incredible and, from the point of view of the five year old child in this case who was badly burned, scarred, disfigured and otherwise injured, to be wholly unacceptable. This court can effect a change in the law with respect to the general subject matter raised by a party regardless of whether the party has raised the issue in its broad scope as long as the change effected pertains to the issue that the party raised.