Closing One Door on the Parent-Child Immunity Doctrine: Legislature Rejects the Decision of Coffey v. Coffey

Abstract

This Note has four objectives. First, this Note will summarize the facts of Coffey. Second, this Note will review the history of parent-child immunity and the role of the family purpose doctrine in cases involving parent-child immunity in automobile cases. Third, this Note will analyze the Coffey case, the North Carolina Legislature\u27s abolishment of parent-child immunity in motor vehicle cases, and possible alternatives to the parent-child immunity doctrine in cases other than those involving motor vehicles. Fourth, this Note will suggest that the North Carolina courts are not powerless to abrogate parent-child immunity. The courts should take the initiative to modernize the judicially created parent- child immunity doctrine as it applies to tort actions between parents and their children

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