Ascuitto v. Farricielli
May 12, 1998OUTCOME: Summary Judgment affirmed
This case involved an injury sustained by a minor child while viisiting her fnon-custodial father.During her visit, the minor plaintiff sustained serious injuries as the result of a fire in the father' ... s home. The plaintiff sought money damages for her injuries and filed a lawsuiit against her father. The trial court granted summary judgment as to the father pursaunt to Connecticut's doctrine of parental immunity. The doctrine of parental immunity is a judicially created doctrine which bars negligence actions against a minor's parents. The doctrine was created to preserve family harmony. I argued to the Connecticut Supreme Court that the purpose behind the doctrine was not present in this case because no family harmony existed in light of the parents divorce. It should be noted that minor children are allowed to sue their parents for injuries as the result of the parent's negligence in the operation of a motor vehicle as well as several other instances. I argued that an exception should be allowed in this case as well due to the negligence of the non-custodial father. The Supreme Court did not agree and found that the divorce was not so destructive of family harmony as to abrogate the doctrine. The Supreme Court also noted that this case did not present a situation in which the availability of insurance supported the abrogation of the doctrine,
