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Burnette v. Wahl

Oregon Supreme Court

588 P.2d 1105 (Or. 1978)

Relevant factsFree

Several minor children, ages two to eight, sued their mothers (defendants) through guardians, alleging the mothers failed to perform basic parental duties and neglected them, causing only emotional and psychological harm with no existing statutory or common-law tort covering such claims. The trial court sustained the mothers' demurrers, and the children appealed.

IssueFree

Whether minor children may maintain a tort action against their parents for failure to perform parental duties when the only damages sustained are emotional and psychological.

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