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Keywords

lawsuittortstatutetrialdivorce
tortplaintiffdefendantdamagesappealhearingtrialmotiondivorcerespondentmotion to dismiss

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Fugate v. Fugate, 582 S.W.2d 663

Facts

Denise Fugate, an unemancipated minor, brought a wrongful death suit against her father, Harold Fugate, after her mother, Verla Mae Fugate, was killed in an accident while riding in Harold's car. The parents had divorced prior to the incident, with custody of Denise awarded to her mother. Following the mother's death, Denise lived with her father, who had maintained a good relationship with her and had been fulfilling his child support obligations.

Defendant Harold Fugate and Verla Mae Fugate (deceased) had been married. They had one child, plaintiff Denise Fugate, born August 30, 1964. Harold and Verla Mae were divorced on December 8, 1972. The divorce decree placed the general care, custody and control of Denise, then eight years old, with the mother, subject to certain visitation and temporary custody rights in the father.

Issue

Whether the doctrine of parental immunity bars an action brought by an unemancipated minor child against her father for the negligent wrongful death of her mother, given that the parents were divorced and custody was awarded to the mother.

The question on this appeal is whether or not the doctrine of parental immunity bars an action brought by an unemancipated minor child, aged 10, against her father, seeking damages for the negligent wrongful death of her mother in a case where the mother and father had been divorced and the general custody of the child had been placed with the mother.

Rule

The doctrine of parental immunity does not apply when the parents are divorced and the child is not in the custody of the parent being sued at the time of the tort.

The court holds that where the mother and father have been divorced the parent does not have the primary, general custody of the unemancipated minor child at the time the tort occurs is not immune from suit in tort by the child.

Analysis

The court determined that the rationale for parental immunity was not applicable in this case because the family unit had already been disrupted by the divorce. The trial court had found that the lawsuit would not disrupt the harmonious relationship between Denise and her father, which further supported the decision to allow the suit to proceed. The court emphasized that the wrongful death statute vested a cause of action in the minor child, which abrogated the common-law doctrine of parental immunity in this context.

The court stated in Brennecke and Bahr that parental immunity would not apply either if the child bringing suit was emancipated Or if the maintenance of the suit would not 'seriously disturb the family relations'.

Conclusion

The Supreme Court of Missouri reversed the trial court's dismissal of the case and remanded it for trial, holding that the doctrine of parental immunity did not bar the suit.

The judgment of the circuit court is reversed and the cause is remanded for trial.

Who won?

Denise Fugate prevailed in the case because the court found that the doctrine of parental immunity did not apply due to the divorce and custody arrangements.

The circuit court held an evidentiary hearing on defendant-respondent-father's (hereinafter defendant) motion to dismiss. The evidence on the motion indicated there had been no disruption in the harmonious relationship between defendant and his daughter (hereinafter plaintiff) because of the filing of this wrongful death action.

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