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Schlessinger V. Schlessinger

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eBook details

  • Title: Schlessinger V. Schlessinger
  • Author : Colorado Supreme Court
  • Release Date : January 10, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

The question in this case is whether an unemancipated minor can maintain an action against a parent for personal injuries sustained by the child in an automobile accident allegedly caused by the parent's negligent operation of the automobile. In Schlessinger v. Schlessinger, 781 P.2d 117 (Colo. App. 1989), the court of appeals held that the Colorado Auto Accident Reparations Act (Auto Accident Reparations Act), §§ 10-4-701 to -723, 4A C.R.S. (1987 & 1989 Supp.), effectively abolished the parental immunity doctrine in cases in which the child is injured due to the parent's negligent operation of an automobile and that, consequently, the district court erred in dismissing the child's claim against the parent. We reverse the judgment of the court of appeals and remand the case to that court with directions to reinstate the judgment of dismissal entered by the district court.


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