Gibson v. Gibson
Supreme Court of California
479 P.2d 648 (1971)
- Written by Sean Carroll, JD
Facts
James Gibson (plaintiff) was the minor son of Robert Gibson (defendant). James was riding in Robert’s car on the highway while Robert was towing a jeep. Robert stopped his car on the highway and asked James to get out and fix the jeep’s wheels. James did so and was struck by another vehicle. James brought a negligence suit against Robert. The trial court dismissed the claim based on the rule that a minor child could not maintain a negligence claim against his parent. James appealed.
Rule of Law
Issue
Holding and Reasoning (Sullivan, J.)
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