FUGATE v. FUGATE

No. 60357.

582 S.W.2d 663 (1979)

Denise FUGATE, a minor by her next friend, Carl Edward Stroup, Plaintiff-Appellant, v. Harold FUGATE, Defendant-Respondent.

Supreme Court of Missouri, En Banc.

June 19, 1979.


Attorney(s) appearing for the Case

Keith Brown, James R. Bickel, Nevada, Mo., for plaintiff-appellant.

Laurence H. Flanigan, Carthage, Mo., for defendant-respondent.


BARDGETT, Judge.

The question on this appeal is whether or not the doctrine of parental immunity bars an action brought by an unemancipated minor child, aged 10, against her father, seeking damages for the negligent wrongful death of her mother in a case where the mother and father had been divorced and the general custody of the child had been placed with the mother.

The circuit court held an evidentiary hearing on defendant-respondent-father's (hereinafter...

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