NUNN v. WHITWORTH

88-373.

545 So.2d 766 (1989)

Susan Smith NUNN v. Kayron WHITWORTH, By and Through her mother and next friend, Kaye WHITWORTH.

Supreme Court of Alabama.

May 19, 1989.


Attorney(s) appearing for the Case

Kenneth T. Fuller of Cassady, Fuller & Marsh, Enterprise, for appellant.

Debbie L. Jared of Lindsey, Jared & Young, Elba, for appellee.


ADAMS, Justice.

Susan Smith Nunn appeals from an order granting a new trial to Kayron Whitworth on grounds that the trial court had failed to charge the jury on the legal theory that contributory negligence of a parent does not bar a child's right of recovery if the child is otherwise entitled to recover.

The negligence of a parent cannot be imputed to the child so as to preclude an action by the child or for its benefit against a third person whose negligent...

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