Family Attorney
Superior Court judge rules operator can sue father of child hurt on carnival ride.
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The owner/operator of a carnival ride may bring a third-party contribution complaint for negligence against the father of a child who was injured on the ride, a Superior Court judge has decided. The father had moved for a dismissal of the third-party complaint, arguing that while the Supreme Judicial Court has abolished the doctrine of parental immunity, it has not allowed third-party complaints for negligence brought by non-family members. But while Judge Diane M. Kottmyer agreed to dismiss the claim seeking indemnification from the father, she refused to dismiss the complaint for contribution. “[T]here is no absolute bar to the imposition of liability on a parent for injuries to a child resulting, in whole or in part, from negligent parental supervision,” the judge wrote. “The parameters of such a cause of action,… Source : accessmylibrary.com |
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