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GIBSON v. GIBSON

Docket No. Sac. 7868.

3 Cal.3d 914 (1971)

479 P.2d 648

92 Cal. Rptr. 288

JAMES A. GIBSON, a Minor, etc., Plaintiff and Appellant, v. ROBERT GIBSON, Defendant and Respondent.

Supreme Court of California. In Bank.

January 25, 1971.

Attorney(s) appearing for the Case

COUNSEL

Friedman & Collard, John M. Poswall and Morton L. Friedman for Plaintiff and Appellant.

Rust, Hoffman & Mills and Ellis J. Horvitz for Defendant and Respondent.

OPINION

SULLIVAN, J.

We are asked to reexamine our holding in Trudell v. Leatherby (1931) 212 Cal. 678 [300 P. 7] that an unemancipated minor child may not maintain an action against his parent for negligence. That decision, announced 40 years ago, was grounded on the policy that an action by a child against his parent would "bring discord into the family and disrupt the peace and harmony of the household." (Id.<...

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