EVELIO MANTILLA AND AMERICAN MOTORISTS INSURANCE COMPANY, A CORPORATION, APPELLANTS,
v.
OLIMPIA HASSANIEN AND MOHAMED NABIL HASSANIEN, INDIVIDUALLY AND AS HUSBAND AND WIFE AND AS PARENTS OF NERMINE HASSANIEN, A MINOR, APPELLEES
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The court held that contribution may lie against a contributorily negligent parent of an injured minor child-plaintiff, overruling prior precedent that dismissed such claims.
A collision occurred between vehicles driven by Evelio Mantilla and Olimpia Hassanien, with Olimpia's daughter Nermine as a passenger. Nermine was inj…
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PER CURIAM.
This action arose from a collision between one vehicle driven by Evelio Mantilla, and another driven by Olimpia Hassanien, accompanied by her daughter, Nermine. The Hassanien’s brought suit for Nermine’s injuries; Evelio affirmatively defended on the basis of Olimpia’s sole fault. Alternatively, Evelio counterclaimed for contribution from Olimpia under the Joint Tort-feasors’ Act.
The counterclaim was dismissed from the pleadings under authority of 3-M Electric Corp. v. Vigoa, 369 So. 2d 405 (Fla. 3d DCA 1979), and Evelio appealed.
We reverse the dismissal on the basis of our decision in Quest v. Joseph, 392 So. 2d 256 (Fla. 3d DCA 1981), which overrules 3-M, and concludes that contribution properly lies against a contributorily negligent parent of an injured minor child-plaintiff.
Reversed and remanded for further disposition not inconsistent with this opinion. ON MOTION FOR RECONSIDERATION
PER CURIAM.
The motion for reconsideration is denied. However, as in Quest v. Joseph, 392 So. 2d 256, 262, n. 12 (Fla. 3d DCA 1981) and Orlando Sports Stadium, Inc. v. Gerzel, 397 So. 2d 370 (Fla. 5th DCA 1981), we shall certify this cause to the supreme court as one involving a question of great public importance, as to whether and under what circumstances an action for contribution lies against the parent of an injured child.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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ARD v. ARD, 395 So. 2d 586 (Fla. 1st DCA 1981)…s for an injured child. He may not sue his parent directly; and any action against a negligent third-party may be inhibited or compromised by the fact that the third-party defendant can.” Quest, supra, at 262, fn. 11. See also Mantilla v. Hassanien, 396 So. 2d 1135 (Fla. 3rd DCA). A recent opinion of-the Kansas Supreme Court contains a comprehensive treatment of the history, development and current arguments for and against the doctrine. Nocktonick v. Nocktonick, 227 Kan. 758, 611 P. 2d 135 (Kan.1980). We con…
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Orlando Sports Stadium, Inc. v. Gerzel, 397 So. 2d 370 (Fla. 5th DCA 1981)…386 So. 2d 607 (Fla. 5th DCA 1980). Both the spousal negligence in Shor and the parental negligence in Woods involved the failure of a general duty required of all people, that of properly operating a motor vehicle. See also Mantilla v. Hassanien, 396 So. 2d 1135 (Fla.3d DCA 1981). However here, as in Quest, the asserted liability of the parents is based on the alleged failure to properly supervise and protect their children, a duty pertaining exclusively to parents. While we are apprehensive as to the resul…
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Olimpia Hassanien v. Evelio Mantilla, 418 So. 2d 254 (Fla. 1982)…ONALD, Justice. The Third District Court of Appeal has certified the instant cause as one involving the question of whether and under what circumstances an action for contribution lies against the parent of an injured child. Mantilla v. Hassanien, 396 So. 2d 1135, 1136 (Fla. 3d DCA 1981). We have recently answered this question in Joseph v. Quest, 414 So. 2d 1063 (Fla.1982), and in Woods v. Withrow, 413 So. 2d 1179 (Fla.1982). To the extent that Mantilla conflicts with Quest and Woods, we quash the instant o…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Quest v. Joseph, 392 So. 2d 256 (Fla. 3d DCA 1980)
- 3-M Elec. Corp. v. Vigoa, 369 So. 2d 405 (Fla. 3d DCA 1979)
- Orlando Sports Stadium, Inc. v. Gerzel, 397 So. 2d 370 (Fla. 5th DCA 1981)