SHOEMAKE v. FOGEL LTD.

No. D-0526.

826 S.W.2d 933 (1992)

Janet SHOEMAKE, Individually and as Administratrix of the Estate of Miranda Gilley, Petitioner, v. FOGEL, LTD., A.T., Federal Group I, and International Property Management, Inc., Respondents.

Supreme Court of Texas.

Rehearing Overruled April 29, 1992.


Attorney(s) appearing for the Case

Ken M. Link, Fort Worth, C. Denise Smith, Houston, for petitioner.

R. Brent Cooper, Dallas, for respondents.


OPINION

MAUZY, Justice.

In this cause, we consider whether a defendant in a survival action arising from the death of a child may seek contribution from a negligent parent of the deceased child. We hold that the doctrine of parental immunity bars such contribution when the parent's negligence involves only negligent supervision of the child.

One month before her second birthday, Miranda Gilley nearly drowned in the swimming pool at her apartment...

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