While D, the mother, was watching her 2.5-year-old swimming the phone rang. D went inside to answer it, and when she looked out, she found her son at the bottom of the pool. P suffered severe brain damage because of the lack of oxygen. P has no motor skills and had no voluntary movement. The father sued D, the mother to recover from a liability insurance policy. The case was dismissed and the court of appeals affirmed based on the doctrine of parental immunity. P appealed.

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