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Arnold v. Arnold

Supreme Court of Georgia
Apr 6, 1989
377 S.E.2d 856 (Ga. 1989)

Opinion

46354.

DECIDED APRIL 6, 1989.

Certiorari to the Court of Appeals of Georgia — 189 Ga. App. 101.

Frank E. Jenkins III, E. Gail Gunnells. for appellant.

Rosenzweig, Kam, Jones McNabb, Joseph P. McNabb, Wood, Odom Edge, Arthur B. Edge IV, for appellee.


We granted a writ of certiorari to the Court of Appeals in Arnold v. Arnold, 189 Ga. App. 101 ( 375 S.E.2d 225) (1988) to consider whether the family immunity doctrine is applicable. We hold that it is not and we affirm.

"Every person may recover for torts committed to himself, his wife, his child, his ward, or his servant." OCGA § 51-1-9. Emancipated children may sue their parents and parents may sue their emancipated children. Davis v. Cox, 131 Ga. App. 611, 614 ( 206 S.E.2d 655) (1974). The appellant is an emancipated child who is being sued by a sibling. The doctrine of family immunity is not involved.

Actions between siblings who are minors have been uniformly allowed. Prosser Keeton on Torts (5th ed. 1984) § 122 at 906.

Judgment affirmed. All the Justices concur.

DECIDED APRIL 6, 1989.


Summaries of

Arnold v. Arnold

Supreme Court of Georgia
Apr 6, 1989
377 S.E.2d 856 (Ga. 1989)
Case details for

Arnold v. Arnold

Case Details

Full title:ARNOLD v. ARNOLD

Court:Supreme Court of Georgia

Date published: Apr 6, 1989

Citations

377 S.E.2d 856 (Ga. 1989)
377 S.E.2d 856

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