Katy Hurley and Candice Bryant Secure Order Granting Dismissal under the Family Immunity Doctrine

Katy Hurley and Candice Bryant secured an Order granting dismissal of a minor child sued by his mother under the Family Immunity Doctrine. A Plaintiff mother asserted a suit against her seventeen year old son for injuries she sustained as a passenger in a motor vehicle accident where he was the driver. Cruser Mitchell filed a Motion to Dismiss on the grounds that the Plaintiff’s claims against her minor son were barred as the Family Immunity Doctrine provides minor children with immunity from suits from other family members, namely their parents. After oral arguments, the Court issued an Order dismissing the minor son, finding that the facts of the case supported the applicability of the Family Immunity Doctrine as the Defendant was the unemancipated, minor son of the Plaintiff, resided in the same household as the Plaintiff and was financially supported by the Plaintiff.

Order Granting Dismissal