BURNETTE V. WAHL
284 Or. 705, 588 P.2d 1105 (1978)
NATURE OF THE CASE: Three identical cases were consolidated for review. In all cases,
Burnette (P) appealed a Circuit Court, Klamath County (Oregon), dismissal of their actions
against Wahl (D), their mothers, for emotional and psychological injury caused by D's
failure to perform their parental duties.
FACTS: Ps are five minor children aged two to eight who, through their guardian, are
bringing actions against their mothers (Ds) for emotional and psychological injury caused by
failure of Ds to perform their parental duties to Ps. The complaints are substantially
identical, each one being in three counts. They allege that Ds failed to support, nurture,
and care for their children. Ps brought suit against their mothers for emotional and
psychological injuries caused by failure of each of the mothers to perform their parental
duties. There were claims for violation of an Oregon criminal statute, for failure to
maintain them, abandonment, and neglect. P appealed a dismissal of the case from a demurrer.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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