Smith v. Somera
Smith v. Somera
389 So. 2d 1080; 1980 Fla. App. LEXIS 18023
(Southern Reporter, Second Series)
Smith v. Somera
Opinion of the Court
The lower court granted final summary judgment adverse to plaintiff below on the ground that the interfamilial immunity doctrine prohibited suit against plaintiff’s sister.
Appellee has not pointed to a single Florida (or any other) decision applying the doctrine in suits between adult siblings; arguments for application sub judice are negatived by reference to the Restatement (Second) of Torts § 895H, Comment c (1977), and to those cases collected at 81 A.L.R.2d 1155.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.