Unah v. Martin

1 This appeal presents us with the opportunity to review our adherence to the rule of parental immunity which bars an unemancipated minor child from bringing an action for ordinary negligence against his parent. 2 In this case, Nathan Unah, an unemancipated minor child, was injured in an automobile accident allegedly caused by the combined negligence of his father, defendant Freeland Unah, and defendant A.F. Martin. Nathan, by and through his mother and next friend, Mary Jane Unah, and Mary Jane Unah, individually, brought this action to recover for personal injuries Nathan has suffered as a result of the accident. On the basis of parental immunity, defendant Unah filed a motion for summary judgment, which was granted. Plaintiff Unah appeals this ruling and urges this Court to either completely abrogate the doctrine of parental immunity, or at least to abrogate it in cases where a child under the age of emancipation suffers injuries resulting from a parents negligent operation of a motor vehicle.