Amy Butterworth, et al. v. John Butterworth, et al.

Case Number
W2003-00983-SC-R11-CV

We granted this appeal to determine whether the doctrine of parental immunity bars recovery when a son is injured at his father’s place of employment. We conclude that the Court of Appeals erred in creating a bright-line rule prohibiting the application of the doctrine of parental immunity when the injury resulted from employment-related activities. Viewing the evidence in the light most favorable to the non-moving party, we hold that the motion for summary judgment was improperly granted by the trial court. Thus, we affirm the judgment of the Court of Appeals in this respect and remand this case to the trial court for further proceedings consistent with this opinion.

Authoring Judge
Justice Janice M. Holder
Originating Judge
Judge R. Lee Moore Jr.
Case Name
Amy Butterworth, et al. v. John Butterworth, et al.
Date Filed
Dissent or Concur
No
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