Sunday, December 8, 2013

Buono v. Scalia case brief

Buono v. Scalia case brief summary
843 A.2d 1120 (2004)

Plaintiff, individually and as guardian for plaintiff minor child, appealed the judgment of the Superior Court, Appellate Division (New Jersey) that affirmed a trial court decision granting summary judgment in favor of defendant parents, finding that the parents were immune from suit.

After discovery, the father moved for summary judgment. The trial court granted that motion.

  • It concluded that the guardian had not overcome the rebuttable presumption that the child was incapable of negligence. 
  • The trial court also concluded that the doctrine of parental immunity barred the guardian's claims against the parents because there was no willful or wanton misconduct attributable to either of them. 
  • As such, unlike driving a motor vehicle or crossing a street, the conduct fell within the purview of parental philosophy involving a child's upbringing, entitling the parents to immunity as a matter of law. 
  • The parents determined that their five- and-a-half-year-old child could ride a bike within the confines of a neighborhood block party, in the presence of the father himself, and in the presence of other parents presumably supervising their own children.
The judgment was affirmed.

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