Broadwell v. Holmes
Tennessee Supreme Court
871 S.W.2d 471 (1994)
Relevant factsFree
Susan Holmes (defendant) negligently lost control of her pickup truck, killing her 8-year-old daughter Mindy Broadwell and seriously injuring her 6-year-old son Justin Broadwell. Mark Broadwell (plaintiff), as next friend of the children, sued Holmes; the trial court dismissed the complaint under Tennessee's parental immunity doctrine for failing to state a claim, and the court of appeals affirmed. The Tennessee Supreme Court took the case to re-examine the doctrine.
IssueFree
Whether the negligent operation of an automobile constitutes the exercise of parental authority, parental supervision, or parental care and custody, such that Tennessee's parental immunity doctrine applies.