Kirchner v. Crystal

474 N.E.2d 275, 15 Ohio St. 3d 326, 15 Ohio B. 452, 1984 Ohio LEXIS 1297
CourtOhio Supreme Court
DecidedDecember 31, 1984
DocketNo. 83-1769
StatusPublished
Cited by83 cases

This text of 474 N.E.2d 275 (Kirchner v. Crystal) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kirchner v. Crystal, 474 N.E.2d 275, 15 Ohio St. 3d 326, 15 Ohio B. 452, 1984 Ohio LEXIS 1297 (Ohio 1984).

Opinions

Sweeney, J.

Once again, this court is called upon to reexamine its position with respect to the doctrine of parental immunity in the state of [327]*327Ohio. Until today, the doctrine of parental immunity has stood as an impervious obstacle for almost all children who have attempted to institute legal proceedings against their parents, in order to recover damages for injuries sustained as a result of the parent’s tortious actions. While appellant herein contends that an exception should be carved out of the general immunity framework with respect to stepparents or persons who stand in loco parentis, we find that creating such an exception would inevitably produce another meaningless distinction without any real differences. In this vein, we accept appellee’s contention that the policy considerations between a natural child and parent are no different in actions between stepchildren and stepparents who stand in loco parentis. Therefore, in the interests of justice and fairness, and for the reasons that follow, we hold that the doctrine of parental immunity is hereby abolished without reservation. In so doing, we expressly overrule our prior pronouncements on this matter as contained in Teramano v. Teramano (1966), 6 Ohio St. 2d 117 [35 O.O.2d 144], and Mauk v. Mauk (1984), 12 Ohio St. 3d 156.

Unlike the doctrine of interspousal immunity which is firmly rooted in common law, the doctrine of parental immunity is completely devoid of any common-law origins. See, generally, Prosser, Law of Torts (4 Ed. 1971) 859 et seq., Section 122. It has been oft-stated that the genesis of the judicially created doctrine of parental immunity occurred in the case of Hewlett v. George (1891), 68 Miss. 703, 9 So. 885. The doctrine then spread throughout the country to the point that one jurisdiction felt it was compelled to opine that family harmony would be set back if it allowed a fifteen year old daughter to maintain a civil action for damages against her father for rape. Roller v. Roller (1905), 37 Wash. 242, 79 P. 788.

Our research concerning parental immunity reveals that the doctrine has been upheld on four basic justifications: first, the doctrine will preserve the domestic peace, harmony and tranquility of the family unit; second, the doctrine inhibits possible interference with parental discipline and control; third, the doctrine hinders the potential depletion of the family funds or exchequer; and fourth, the doctrine prevents the possibility of fraud and collusion.1

We find these rationalizations underlying the doctrine of parental immunity to be outdated, highly questionable and unpersuasive. To state that the allowance of actions between parents and children will somehow undermine the familial peace and tranquility is to ignore the evolution of exceptions which have eroded the doctrine into a somewhat limited application of immunity.

The initial acknowledgement of the parental immunity doctrine in Ohio also provided the first indication of the erosion of the doctrine in the [328]*328case of Signs v. Signs (1952), 156 Ohio St. 566 [46 O.O. 471]. In Signs, this court unanimously held that a parent, while acting in his or her business or vocational capacity, was not immune from a tort action brought by his or her minor unemancipated child. While the Signs opinion was limited in its retreat from an all-pervasive immunity scheme, it provides us with an excellent criticism of the folly of the domestic tranquility rationale:

“It seems absurd to say that it is legal and proper for an unemancipated child to bring an action against his parent concerning the child’s property rights yet to be utterly without redress with reference to injury to his person.

“It is difficult to understand by what legerdemain of reason, logic or law such a situation can exist or how it can be said that domestic harmony would be undisturbed in one case and be upset in the other.” Id. at 576.

Other courts have analyzed the domestic tranquility rationale for the parental immunity doctrine, and have similarly rejected it as being unmeritorious. See, e.g., Briere v. Briere (1966), 107 N.H. 432, 224 A. 2d 588; Gelbman v. Gelbman (1969), 23 N.Y. 2d 434, 297 N.Y.Supp. 2d 529, 245 N.E. 2d 192; Falco v. Pados (1971), 444 Pa. 372, 282 A. 2d 351; Plumley v. Klein (1972), 388 Mich. 1, 199 N.W. 2d 169; Rupert v. Stienne (1974), 90 Nev. 397, 528 P. 2d 1013; Elam v. Elam (1980), 275 S.C. 132, 268 S.E. 2d 109. See, also, Dorsey v. State Farm Mut. Auto. Ins. Co. (1984), 9 Ohio St. 3d 27, 30 (William B. Brown, J., concurring); and Mauk v. Mauk (1984), 12 Ohio St. 3d 156, 160 (Clifford F. Brown, J., dissenting).

If any disruption to family harmony or tranquility occurs, it is more likely to happen as a result of tortious conduct, rather than as a result of allowing redress of the wrongful actions which led to injury. Restoration of domestic tranquility in our opinion will be promoted by our abrogation of this artificial bar to recovery which is based wholly upon a familial relationship.

The second justification used to support the parental immunity doctrine, i.e., that it inhibits possible interference with parental discipline and control, is also lacking in merit. In rejecting this argument, we are persuaded by the cogent analysis implemented by the California Supreme Court in Gibson v. Gibson (1971), 3 Cal. 3d 914, 92 Cal. Rptr. 288, 479 P. 2d 648, at 920-921:

“* * * the possibility that some cases may involve the exercise of parental authority does not justify continuation of a blanket rule of immunity. In many actions, no question of parental control will arise. Thus, the parent who negligently backs his automobile into his child or who carelessly maintains a lawnmower, which injures the child, cannot claim that his parental role will be threatened if the infant is permitted to sue for negligence. To preserve the rule of immunity in such cases, where the reason for it fails, appears indefensible.”

Similarly, the California court correctly debunked the third ra[329]*329tionalization for the parental immunity doctrine — that immunity prevents the draining of the family exchequer:

“* * * we feel that we cannot overlook the widespread prevalence of liability insurance and its practical effect on intra-family suits. Although it is obvious that insurance does not create liability where none otherwise exists * * * [citation omitted], it is unrealistic to ignore this factor in making an informed policy decision on whether to abolish parental negligence immunity. * * * [Citation omitted.] We can no longer consider child-parent actions on the outmoded assumption that parents may be required to pay damages to their children. As Professor James has observed: ‘Recovery by the unemancipated minor child against his parent is almost uniformly denied for a variety of reasons which involve the integrity of the family unit and the family exchequer and the importance of parental discipline. But in truth, virtually no such suits are brought except where there is insurance. And where there is, none of the threats to the family exists at all.’ (James, Accident Liability Reconsidered: The Impact of Liability Insurance [1948], 57 Yale L.J. 549, 553.)” Id. at 922.

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Bluebook (online)
474 N.E.2d 275, 15 Ohio St. 3d 326, 15 Ohio B. 452, 1984 Ohio LEXIS 1297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirchner-v-crystal-ohio-1984.