NEWMAN V. COLE 872 S.2d 138 (2003) CASE BRIEF

NEWMAN V. COLE

872 S.2d 138 (2003)

NATURE OF THE CASE: Newman (P), the personal representative of the estate of a deceased child, sued Cole (Ds), the child's father and stepmother (collectively, 'parents'), for allegedly causing the child's death. Claims were asserted for negligence, wantonness, and willful and intentional conduct. Ds moved to dismiss, based on parental immunity. The court entered judgment, granting the motion. P appealed.

FACTS: Clinton was 16 years old at the time of his death, which occurred during an altercation with his father (D) over Clinton's failure to perform household chores; P asserts that the altercation ended with D's striking Clinton repeatedly in the chest and then holding him on the ground in a 'choke hold' while Tara Cole (D) sprayed him in the face with water from a garden hose. D held Clinton on the ground for approximately 20 minutes; he let go of Clinton when a police officer arrived. Clinton was unconscious, and he was taken to a local hospital; he died the next day. In this wrongful-death action, P sued Ds for allegedly causing Clinton's death. P's complaint asserted claims of negligence, wantonness, and willful and intentional conduct. Ds moved to dismiss the complaint based on the doctrine of parental immunity. Under Alabama law, 'the parental immunity doctrine prohibits all civil suits brought by unemancipated minor children against their parents for the torts of their parents.' Only one exception to this rule has emerged--when a child alleges sexual abuse by a parent, the parental immunity doctrine will not bar an action against the parent, although proof of the alleged conduct must be tested under a 'clear and convincing' standard. The trial court granted Ds' motion to dismiss the complaint. P appealed, arguing that this Court should abolish the doctrine, or, in the alternative, craft an exception to the doctrine that encompasses the facts alleged in this case.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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