HERZFELD V. HERZFELD 781 So.2d 1070 (2001) CASE BRIEF

HERZFELD V. HERZFELD

781 So.2d 1070 (2001)

NATURE OF THE CASE: Herzfeld (S), adopted son brought suit against Herzfeld (F), adoptive father for assault and battery, false imprisonment, intentional infliction of emotional distress, and negligence because of sexual abuse. S appealed a dismissal of the claims. The District Court of Appeal, Third District (Dade County) Florida reversed the judgment and certified the case for appeal to the Florida Supreme Court.

FACTS: S was placed in F's care as a foster child in 1988. F adopted S three years later when S was sixteen years old. On June 5, 1997, S filed a four count civil complaint against F, alleging repeated sexual abuse. The trial court granted F's motion to dismiss counts I through III on the ground that intentional tort claims are barred by the parental immunity doctrine. After finding that F's insurance policy [did] not cover S's negligence claim, the trial court also found the parental immunity doctrine applicable to count IV and granted F's motion for summary judgment on that count. The Third District reversed and held that because family harmony is already destroyed in sexual abuse cases, 'the parental immunity doctrine does not bar the action by the minor child against his parent for damages arising from sexual abuse.' The case was eventually certified to the Florida Supreme Court.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner