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Keywords

negligenceliabilitywill

tortnegligencetrialwill

Related Cases

Newman v. Cole, 872 So.2d 138

Facts

Clinton Patterson Cole, a 16-year-old, died following an altercation with his father over household chores. During the altercation, John Cole allegedly struck Clinton repeatedly in the chest and held him in a choke hold while Tara Cole sprayed him with water from a garden hose. Clinton was held down for approximately 20 minutes until a police officer arrived, at which point he was unconscious and later died in the hospital.

Clinton was 16 years old at the time of his death, which occurred during an altercation with his father over Clinton's failure to perform household chores; Newman asserts that the altercation ended with the father's striking Clinton repeatedly in the chest and then holding him on the ground in a “choke hold” while Tara Cole sprayed him in the face with water from a garden hose.

Issue

Whether the doctrine of parental immunity should be abolished or modified to allow a wrongful death action against a parent when the parent's willful and intentional conduct caused the child's death.

Whether this Court should abolish the doctrine of parental immunity, or to what extent, if any, it should modify the application of the doctrine in light of the circumstances of this case.

Rule

An exception to the doctrine of parental immunity exists for civil wrongful death actions against a parent when it is shown by clear and convincing evidence that the parent's willful and intentional injury caused the death of their child.

We hold that a further exception to the doctrine should be recognized where it is shown by clear and convincing evidence that a parent's willful and intentional injury caused the death of his or her child.

Analysis

The court analyzed the historical context of the parental immunity doctrine and recognized that while it serves to protect family harmony, it should not shield parents from liability for willful and intentional acts that result in a child's death. The court concluded that the unique circumstances of this case warranted an exception to the doctrine, allowing for a wrongful death claim based on intentional conduct.

In creating this exception for sexual abuse cases, we believe it is unnecessary to spell out a separate body of procedural and substantive rules to govern such cases. Traditional rules of tort law relating to intentional infliction of personal injury are generally sufficient for the governance of such claims and the defenses asserted thereto.

Conclusion

The court affirmed the dismissal of claims based on negligence and wantonness but reversed the dismissal of the claim based on willful and intentional conduct, allowing the case to proceed on that basis.

Accordingly, the judgment of the trial court is affirmed with respect to Newman's wrongful-death claims based on negligence and wantonness; the judgment is reversed with respect to Newman's wrongful-death claim based upon willful and intentional conduct, to the extent that claim implicates a willful and intentional injury, and the cause is remanded for further proceedings consistent with this opinion.

Who won?

Anna Belle Newman, as the personal representative of Clinton's estate, prevailed in part by allowing the wrongful death claim based on willful and intentional conduct to proceed, as the court recognized the need for accountability in cases of severe parental misconduct.

Newman asserts that Alabama is the last state not to have entirely abrogated or significantly modified the doctrine.

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