Sandoval v. Sandoval - 128 Ariz. 11, 623 P.2d 800 (1981)

Rule:

Parents are not immune from suit in personal injury actions brought by their children against them except in two situations: (1) where the alleged negligent act involves an exercise of parental authority over the child; and (2) where the alleged negligent act involves an exercise of ordinary parental discretion with respect to the provision of food, clothing, housing, medical and dental services, and other care.

Facts:

Plaintiff child’s father left the front gate open while the child was riding his tricycle in the front yard. The four-year-old child drove the tricycle through the gate and out into the street where he was struck by a passing automobile. The child filed an action against his parents for negligence and the parents filed a motion for summary judgment on the ground of parental immunity. The trial court granted the motion, holding that the doctrine of parental immunity precluded a suit by the minor child against his parents for negligence. Plaintiff minor child appealed. 

Issue:

Did the doctrine of parental immunity preclude the suit by the plaintiff minor child against his parents for negligence? 

Answer:

Yes.

Conclusion:

The court affirmed the judgment, holding that the father's act of leaving the gate open was related to his duty to the child of "care and control." The court held that, generally, parents were not immune from suit in personal injury actions brought by their children against them except where the alleged negligent act involved an exercise of parental authority over the child or where the alleged negligent act involved an exercise of ordinary parental discretion with respect to the provision of food, clothing, housing, medical and dental services, and other care. The act of leaving the gate open did not subject the parents to a suit for negligence.