Zellmer v. Zellmer

Mr. Zellmer (defendant) was watching his stepdaughter Ashley-Mrs. Zellmer's (plaintiff) child from a prior marriage-when he left her alone and she wandered outside and drowned in the family pool. Mr. and Mrs. Zellmer had been married only three months, during which Mr. Zellmer was unemployed. Mrs. Zellmer and Ashley's father sued him for negligence. The trial court granted him summary judgment based on parental immunity, and the court of appeals affirmed. Ashley's parents appealed, contending he did not qualify because he did not financially support Ashley and did not discipline her.

Whether a stepparent is automatically entitled to parental immunity from a negligent-supervision claim simply by virtue of marrying the child's parent.