Barranco v. Jackson

690 S.W.2d 221, 1985 Tenn. LEXIS 505

Opinions

OPINION

HARBISON, Justice.

In this case the Court is asked to modify or to abolish the rule of parental immunity in tort cases first adopted in this state in McKelvey v. McKelvey, 111 Tenn. 388, 77 S.W. 664 (1903), and followed thereafter in numerous cases.

Appellant insists that this rule should be modified in view of the action of the Court in Davis v. Davis, 657 S.W.2d 753 (Tenn.1983) abolishing spousal immunity and in view of the decisions of other states which have modified or abrogated parental immunity.

The majority are of the opinion that there are substantial differences between the parent-child relationship and that of spouses. In the opinion of the majority, the rule announced in McKelvey has continuing vitality and should be adhered to unless modified or changed by action of the General Assembly. Accordingly the judgment of the Court of Appeals is affirmed at the cost of appellant, and the cause is remanded to the trial court for any further orders which may be necessary.

COOPER, C.J., and TATUM, Special Justice, concur. BROCK and DROWOTA, JJ., dissent.