Nolasco v. Malcom

Summary

The Nebraska Supreme Court considered whether Nebraska’s modified parental immunity doctrine barred automobile negligence claims brought by children or their estates against a deceased parent’s estate. The court held that the claims fell outside the doctrine because automobile operation did not involve parental authority, discretion, or decisionmaking in the supervision, care, or treatment of a minor child. The court reversed the district court’s summary judgments and remanded for further proceedings.

Holdings

1. Nebraska's modified parental immunity doctrine is confined to ordinary negligence claims involving conduct related to parental authority, discretion, or decisionmaking in the supervision, care, and treatment of a minor child.
2. Automobile negligence claims alleging unreasonable speed, failure to maintain a proper lookout, and failure to maintain proper control of a vehicle do not fall within Nebraska's modified parental immunity doctrine because they do not involve the exercise of parental authority, discretion, or decisionmaking regarding the supervision, care, or treatment of a minor child.

Questions Presented

1. Whether Nebraska's modified parental immunity doctrine bars negligence claims by unemancipated children arising from a parent's allegedly negligent operation of an automobile.
2. Whether the district court erred in granting summary judgment and dismissing the automobile negligence actions on the basis of parental immunity.

Disposition

reversed_and_remanded