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

Mrs. Foldi was busy in the garden unaware that her daughter had wandered off. Her daughter, Jennifer, was 2.5 years old. As soon as she noticed the child was gone, Mrs. Foldi began a search for her. The child had wandered off to a neighbor's residence two doors away and was bitten on the face by a dog. Jennifer by her guardian ad litem filed a suit against the owners of the dog, Jeffries (D). D filed an answer and a third-party complaint against Mrs. Foldi for contributory negligence. Jennifer then filed an amended complaint naming her parents as defendants in the suit. A motion for summary judgment was granted to Mrs. Foldi under the doctrine of parent child immunity. The Appellate Division affirmed. This appeal was the result.

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