Gibson v. Gibson
Supreme Court of California
479 P.2d 648 (1971)
Relevant factsFree
James Gibson (plaintiff), a minor, was riding in his father Robert's (defendant) car while towing a jeep and, at Robert's request, got out on the highway to fix the jeep's wheels, where he was struck by another vehicle; James sued Robert for negligence, but the trial court dismissed the claim under the traditional rule barring minors from suing their parents, and James appealed.
IssueFree
Whether an unemancipated minor child can maintain an action for negligence against his parent.