Swartz v. Swartz
N/AOUTCOME: Reversed and Remanded
The order granting summary judgment to James Swartz and Pamela Van Beek is reversed. The cause is remanded to the trial court for entry of summary judgment in favor of Judith Swartz and against James S ... wartz on the affirmative defense of parental immunity and in favor of Judith Swartz and against James Swartz and Pamela Van Beek on the affirmative defense of statute of limitation. On remand the trial court should conduct a hearing on Pamela Van Beek's affirmative defense of parental immunity. At that hearing the trial court should consider the impact on family harmony of the maintenance of this suit by Judith Swartz against Pamela Van Beek when determining whether there is an exception to parental immunity for Judith Swartz's cause of action.
