Strong v. Strong , 70 Nev. 290 ( 1954 )


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  • On Petition for Rehearing

    Per Curiam:

    Upon petition for rehearing, appellant points out that in resting our decision upon the common-law rule that an unemancipated minor child cannot sue his parent in tort for personal injuries, we have disregarded a recognized exception to the rule.

    That exception has to do with cases of intentional or willful acts on the part of the parent.

    Appellant contends that since the complaint in this action alleges willful misconduct on the part of respondent a genuine issue has been raised as to whether the exception applies; and summary judgment was, therefore, improper.

    The authorities cited by appellant to establish the exception to the general rule have to do with cases where the misconduct was deliberate and malicious, in one instance a case where one parent was shot and killed by the other. In our view such exception should not be held to apply to facts such as are before us where the case is based, as appellant concedes, primarily upon negligence and not malicious wrongdoing.

    Rehearing denied.

Document Info

Docket Number: 3771

Citation Numbers: 267 P.2d 240, 70 Nev. 290, 1954 Nev. LEXIS 51

Judges: Badt, Eather, Merrill

Filed Date: 2/24/1954

Precedential Status: Precedential

Modified Date: 10/19/2024