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SMITH v. KAUFFMAN

183 S.E.2d 190 (1971)

212 Va. 181

Christine Margaret SMITH, an infant, etc. v. Jay G. KAUFFMAN, Administrator, etc., et al.

Supreme Court of Virginia.

Rehearing Denied October 13, 1971.

Attorney(s) appearing for the Case

James A. Eichner, Richmond (Allen, Allen, Allen & Allen, Richmond, on brief), for plaintiff in error.

Richard W. Schaffer, Richmond (A. Scott Anderson, Sands, Anderson, Marks & Clarke, Richmond, on brief), for defendants in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

A seven year old child brought this action against the administrator of her stepfather's estate to recover for injuries suffered in an automobile accident, allegedly as a result of the stepfather's negligence. The trial court held that the plaintiff-child could not maintain the action because her stepfather, who stood in loco parentis to the child, was immune from liability.1 The court held alternatively that

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