This section contains the nature of the case and procedural background.

Mindy Broadwell, age 8, and Justin Broadwell, age 6, were passengers in a pickup truck driven by D, their mother when the vehicle was involved in an accident. P sued alleging that D negligently lost control of the vehicle and that her negligence proximately caused the death of Mindy and serious bodily injuries to Justin. At the time of the accident, the parents were divorced, and D had custody of the children. The court dismissed on parental immunity, and D appealed. The appeals court affirmed. D appealed.

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