Issues
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Action 1: While left unsupervised, a child of 23 months was struck by a car when a next-door neighbor backed her car over the child's leg. Action 2: A child of three years old accompanied his father on an errand to a local drug store. The child was 'forgotten' for just 10-15 seconds and was discovered outside the store across the street walking alongside a stranger. The father yelled his name, and the child stepped into traffic and was hit by a car. The father was sued and moved for a summary judgment under parental immunity. It was determined under both instances that there was no parental liability. Both decisions were appealed.
Holding & Decision
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Legal Analysis
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