SCHLESSINGER v. SCHLESSINGER

No. 87CA0120.

781 P.2d 117 (1989)

Nicholas SCHLESSINGER, By and Through his Next Friend and Mother, Cynthia SCHLESSINGER, Plaintiff-Appellant, v. Kenneth SCHLESSINGER, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied June 22, 1989.

Certiorari Granted October 30, 1989.


Attorney(s) appearing for the Case

The Law Firm of Chris Melonakis, Chris Melonakis, Northglenn, for plaintiff-appellant.

Hall & Evans, Eugene O. Daniels, Alan Epstein, Denver, for defendant-appellee.


Opinion by Judge JONES.

Plaintiff, Nicholas Schlessinger, an infant, was injured while riding as a passenger in a car driven by his father, Kenneth Schlessinger. Plaintiff, through his mother and next friend, Cynthia Schlessinger, sued his father for negligence. Based on the doctrine of parental immunity, the trial court dismissed the claims. On plaintiff's appeal, we reverse.

The sole issue in this appeal is whether the parental immunity doctrine, as expressed...

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