Needham v. Price

Plaintiff and Defendant had three children during the course of their long-term domestic relationship. After they separated, Plaintiff, on the minor children’s behalf, brought claims alleging, inter alia, negligence, gross negligence, premises, liability, and intentional infliction of emotional distress. The trial court granted summary judgment in favor of Defendant and dismissed the children’s claims, concluding that Plaintiff’s claims on the unemancipated minors’ behalf were barred under the parent-child immunity doctrine. The court of appeals reversed in part, concluding that the trial court erred in dismissing the unemancipated minors’ intentional infliction of emotional distress and gross negligence claims, as well as the related punitive damages claim, due to an exception to the parent-child immunity doctrine found in Doe v. Holt that any injuries sustained by unemancipated minors arising from a parent’s willful and malicious acts may be actionable. The Supreme Court reversed, holding that Defendant’s conduct did not rise to the level of willful and malicious conduct against the unemancipated minors, and therefore, the trial court’s entry of summary judgment in favor of Defendant on all of Plaintiff’s claims was correct. View "Needham v. Price" on Justia Law