Broadwell v. Holmes

871 S.W.2d 471 (1994)

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Broadwell v. Holmes

Tennessee Supreme Court
871 S.W.2d 471 (1994)

Facts

Susan Holmes (defendant) negligently lost control of the pickup truck she was driving resulting in an accident that caused the death of her daughter Mindy Broadwell, age 8, and serious injuries to her son Justin Broadwell (plaintiff), age 6. Mark Broadwell (plaintiff), as next friend of the children, filed suit against Holmes. The trial court dismissed the complaint as failing to state a claim upon which relief could be granted. Broadwell appealed. The court of appeals affirmed. The Tennessee Supreme Court granted Broadwell permission to appeal in order to re-examine the state’s parental immunity doctrine.

Rule of Law

Issue

Holding and Reasoning (Reid, J.)

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