BROADBENT V. BROADBENT, 907 P.2d 43 (1995) CASE BRIEF

BROADBENT V. BROADBENT
907 P.2d 43 (1995)
NATURE OF THE CASE: This was a dispute over parental immunity. Plaintiff, conservator of a minor's estate, sought review of an order that affirmed an order granting summary judgment in favor of Defendant, minor's mother, on grounds that the doctrine of parental immunity barred P's action to recover damages based on D's alleged negligent supervision of the minor.
FACTS: While D, the mother, was watching her 2.5-year-old swimming the phone rang. D went inside to answer it and when she looked out she found her son at the bottom of the pool. P suffered severe brain damage because of the lack of oxygen. P has no motor skills and had not voluntary movement. The father, sued D, the mother to recover from a liability insurance policy. The case was dismissed and the court of appeals affirmed based on the doctrine of parental immunity. P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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