BROADWEL V. HOLMES 871 S.W.2d 471 (1994) CASE BRIEF

BROADWEL V. HOLMES
871 S.W.2d 471 (1994)
NATURE OF THE CASE: Broadwell (P), father, appealed a judgment which affirmed a trial court decision in favor Holmes (D), mother, dismissing P's suit against their mother for personal injuries to the son and wrongful death of the daughter.
FACTS: Mindy Broadwell, age 8, and Justin Broadwell, age 6, were passengers in a pickup truck driven by D, their mother, when the vehicle was involved in an accident. P sued alleging that D negligently lost control of the vehicle and that her negligence proximately caused the death of Mindy and serious bodily injuries to Justin. At the time of the accident, the parents were divorced, and D had custody of the children. The court dismissed on parental immunity and D appealed. The appeals court affirmed. D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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