Horton v. Hinely

413 S.E.2d 199 (1992)

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Horton v. Hinely

Georgia Supreme Court
413 S.E.2d 199 (1992)

Facts

Sandra Horton (plaintiff) brought a personal-injury lawsuit on behalf of her seven-year-old son against nine-year-old Johnny Hinely and nine-year-old Clint Proudfoot (defendants). Hinely and Proudfoot allegedly set a can of gasoline on fire, causing Horton’s son to suffer third-degree and fourth-degree burns. At trial, Hinely and Proudfoot filed a motion to dismiss, arguing that they were both minors under the age of 13 and were therefore immune from liability in tort. The trial court granted Hinely and Proudfoot’s motion to dismiss, and Horton appealed. The court of appeals transferred the suit to the Georgia Supreme Court due to Horton’s constitutional argument.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

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