Mabry Ex Rel. Bowen v. Bowen
Cases that cite this one
5 later published cases cite this decision.
- Liner v. Brown (N.C. Ct. App. 1994)
- Price v. Howard (N.C. Ct. App. 1996)
- Triplett Ex Rel. Triplett v. Triplett (N.C. Ct. App. 1977)
- In re the Estate of Adamee (N.C. Ct. App. 1976)
- Morgan v. Johnson (N.C. Ct. App. 1974)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
It has long been the rule in North Carolina that an un-emancipated minor child cannot maintain an action against his parent for personal injuries negligently inflicted. Watson v. Nichols, 270 N.C. 733, 155 S.E. 2d 154; Small v. Morrison, 185 N.C. 577, 118 S.E. 12; Evans v. Evans, 12 N.C. App. 17, 182 S.E. 2d 227, cert. den. 279 N.C. 394, 183 S.E. 2d 242.
Plaintiff candidly concedes the existence of the rule and agrees that it extends to a stepparent standing in loco parentis, which is the case here. She argues, however, that the time has come for North Carolina to join the growing list of states abandoning the parental immunity rule.
In answering a similar contention in the case of Evans v. Evans, supra, Judge Parker noted that it is for our Legislature or the Supreme Court to determine whether parental immunity in North Carolina should be abolished. Plaintiff’s logic and arguments are persuasive. However, this Court does not have the authority to overrule decisions of the Supreme Court. Lehrer v. Manufacturing Co., 13 N.C. App. 412, 185 S.E. 2d 727.
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.