MERRICK v. SUTTERLIN

No. 45858.

93 Wn.2d 411 (1980)

610 P.2d 891

IVAN MERRICK, JR., Appellant, v. JOLENE SUTTERLIN, Respondent.

The Supreme Court of Washington, En Banc.

May 1, 1980.


Attorney(s) appearing for the Case

Judith Jeffers and Levinson, Friedman, Vhugen, Duggan, Bland & Horowitz, by Donald J. Horowitz, for appellant.

Lee, Smart, Cook, Biehl & Martin, P.S., Inc., by John F. Biehl, for respondent.

Daniel F. Sullivan, Dean Bender, Ronald Bland, and Donovan Flora on behalf of Washington State Trial Lawyers Association, amici curiae.


BRACHTENBACH, J.

This case involves the parent-child immunity doctrine. A 2-year-old child was a passenger in an automobile driven by his mother. The mother's car rear-ended another auto, causing, according to the pleadings, severe and permanent injuries including brain damage to the child. The mother was tried and convicted of negligent driving. Through a guardian ad litem the child sued his mother. The able trial judge, relying upon what appeared then to be the...

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