Newman v. Cole
Supreme Court of Alabama
872 So. 2d 138 (2003)
Relevant factsFree
John and Tara Cole (defendants) intentionally injured John's 16-year-old son, Clinton, causing his death. Anna Belle Newman (plaintiff), as personal representative of Clinton's estate, brought a wrongful-death action against the Coles alleging negligent, wanton, and willful and intentional conduct. The Coles moved to dismiss based on the parental immunity doctrine, which the trial court granted, and Newman appealed, urging the court to abolish or narrow the doctrine.
IssueFree
Whether the parental immunity doctrine bars a wrongful-death action where clear and convincing evidence shows the parent's willful and intentional infliction of injury caused the child's death.