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Keywords

negligencestatuteappeal
negligence

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Maxey v. Sauls, 242 S.C. 247, 130 S.E.2d 570

Facts

Timothy Dean Maxey, a four-year-old minor, and his father, David L. Maxey, died in a car accident caused by the father's driving. The administratrix of Timothy's estate filed a wrongful death action against David's estate and the drivers of the other vehicles involved. The complaint alleged that the father's negligent, reckless, wilful, and wanton acts caused the child's death. The administrator of David's estate demurred, arguing that an unemancipated child cannot sue a parent for personal injuries, leading to this appeal.

Timothy Dean Maxey, a minor four years of age, and his father, David L. Maxey, were killed when the automobile driven by the father, and in which the minor was riding as a guest passenger, collided with two other automobiles at an intersection.

Issue

Whether an unemancipated child can maintain a wrongful death action against the estate of a deceased parent for the parent's alleged negligent acts.

Whether an unemancipated child can maintain a wrongful death action against the estate of a deceased parent for the parent's alleged negligent acts.

Rule

Under South Carolina law, an unemancipated child has no right of action against a parent for personal injuries caused by the parent's negligence, based on public policy considerations regarding family unity and harmony.

It is the settled law of South Carolina, to which we adhere, that an unemancipated child had no right of action against his parent for personal injuries caused by the parent's negligence.

Analysis

The court applied the established rule that an unemancipated child cannot sue a parent for personal injuries, emphasizing that this principle remains applicable even after the parent's death. The court noted that the wrongful death statute allows recovery only if the deceased had a cause of action prior to death. Since the child could not have maintained an action against the father had he survived, the court concluded that the wrongful death claim could not proceed.

The court applied the established rule that an unemancipated child cannot sue a parent for personal injuries, emphasizing that this principle remains applicable even after the parent's death.

Conclusion

The court affirmed the lower court's decision to sustain the demurrer, concluding that the wrongful death statute did not allow recovery against the father's estate.

Affirmed.

Who won?

The prevailing party was the administrator of David L. Maxey's estate, as the court upheld the demurrer and ruled that the wrongful death claim could not be maintained.

The prevailing party was the administrator of David L. Maxey's estate, as the court upheld the demurrer and ruled that the wrongful death claim could not be maintained.

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