34 Conn. App. 866 | Conn. App. Ct. | 1994
The sole issue on appeal in this case is whether the doctrine of parental immunity bars an action by an unemancipated minor against his father pursuant to General Statutes § 22-357. The defendant, Robert V. Squeglia, Sr., owned a dog that attacked and injured his four year old son, Robert V. Squeglia, Jr., in 1991. Later that year, the child brought suit
The defendant moved for summary judgment claiming that the parental immunity doctrine barred the plaintiff’s recovery. The trial court found that no genuine issue of material fact existed because the parties were father and son and the father owned the offending dog. The trial court also found that the defendant was entitled to judgment as a matter of law because the doctrine of parental immunity barred the plaintiff’s suit. The plaintiff appeals from the trial court’s summary judgment ruling in favor of the defendant.
The plaintiff brought suit pursuant to § 22-357. That statute imposes strict liability on the owner or keeper of a dog to third parties for injuries the animal causes. Maccarone v. Hawley, 7 Conn. App. 19, 24, 507 A.2d 506 (1986). It “ ‘abrogate[s] the common-law doctrine of scienter as applied to damage by dogs to persons and property, so that liability of the owner or keeper became no longer dependent upon his knowledge of the dog’s ferocity or mischievous propensity ....’” Id., quoting Granniss v. Weber, 107 Conn. 622, 625, 141 A. 877 (1928).
The parties did not dispute that the defendant is the plaintiff’s father or that the defendant owned the responsible dog. Thus, the trial court correctly found that there existed no genuine issue of material fact. The trial court went on to rule that the defendant was entitled to judgment as a matter of law because the parental immunity doctrine barred the plaintiff’s suit. The plaintiff challenges this ruling.
Connecticut law recognizes only four exceptions to the parental immunity doctrine. First, an unemancipated minor can sue the employer of a parent whose negligence in the course of employment injured the child, thereby putting the parent at risk of an indemnity suit. Chase v. New Haven Waste Material Cory., 111 Conn. 377, 380, 150 A. 107 (1930). Second, a minor can sue a parent if the child was emancipated prior to the tortious conduct. See Wood v. Wood, 135 Conn. 280, 283, 63 A.2d 586 (1948). Third, an unemancipated minor can sue a parent for injuries received through the negligent conduct of a business enterprise conducted away from the home. Dzenutis v. Dzenutis, 200 Conn. 290, 300, 512 A.2d 130 (1986). Fourth, an unemancipated minor can sue a parent for injuries resulting from the negligent operation of a motor vehicle, aircraft or waterborne vessel. General Statutes § 52-572c.
The plaintiff argues that the parental immunity doctrine applies solely to cases sounding in negligence. Because his suit is based on a statute, he posits that the doctrine is not a bar. The plaintiffs assertion is incorrect: the parental immunity doctrine bars all parental civil liability to an unemancipated minor for personal injuries inflicted during minority. Roberts v. Caton, 224 Conn. 483, 491, 619 A.2d 844 (1993); Mesite v. Kirchenstein, supra, 109 Conn. 82-83; see also Begley v. Kohl & Madden Printing Ink Co., supra, 157 Conn. 450 (rejecting claim that parental immunity doctrine does not bar suit for wilful and wanton misconduct).
Further, the reasoning behind the rule applies equally in both negligence and nonnegligence tort cases. “The State and society are vitally interested in the integrity and unity of the family and in the preservation of the
Therefore, we conclude that the trial court properly ruled that the parental immunity doctrine barred the plaintiffs action and that the defendant was entitled to judgment as a matter of law.
The judgment is affirmed.
In this opinion the other judges concurred.
The suit was commenced by Claudia Squeglia, the plaintiffs mother and next friend.
General Statutes § 22-357 provides in pertinent part: “If any dog does any damage to either the body or property of any person, the owner or keeper, or, if the owner or keeper is a minor, the parent or guardian of such minor, shall be liable for such damage . . . .”
General Statutes § 52-572c provides in pertinent part: “In all actions for negligence in the operation of a motor vehicle, and . . . for negligence in the operation of an aircraft or vessel, as defined in section 15-127, result