Greenwood v. Anderson, No. 08-1200.
On December 30, 2006, Clifford Anderson, Jr., was driving a vehicle with Erica Greenwood and their five-and-a-half-month-old son, Michael Anderson, when they were involved in an automobile accident. Erica and Michael were killed in the accident. Michael’s maternal grandparents filed a negligence suit against Anderson on behalf of Michael’s estate. Anderson moved for summary judgment under the doctrine of parental immunity. The trial court agreed.
On appeal, Michael’s grandparents argued that Anderson should not receive the benefit of parental immunity because he had been an “absent father,” who did not provide financial support for the child or spend any significant time with the child. The Arkansas Supreme Court refused to allow this exception to the parental immunity doctrine, noting that it would require a inquiry into the relationship of all children and their parents to determine if the relationship was sufficient to justify immunity. The court further stated that such an approach would be highly subjective. The court affirmed the grant of summary judgment.
