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

W, and her eleven-year-old daughter, Cheryl, were involved in an automobile accident. Cheryl sustained injuries. H brought suit against w, alleging that the accident and injuries were a direct and proximate result of W's negligence. W filed a motion for summary judgment on the ground that parental immunity barred H from suing his W on behalf of their unemancipated daughter. The court granted the motion. H appealed to this court. A division of the court refused to adopt parental immunity and held that H was not barred from maintaining this suit against w, on behalf of their unemancipated minor child. That decision was vacated when the court decided to rehear this case en banc.

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