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This case addresses whether the doctrine of parental immunity prohibits a third party from seeking contribution from a negligent parent in a survival action brought by the child’s estate. The deceased, 23-month-old Miranda Gilley, drowned in an apartment complex pool. Her mother, Janet Shoemake, as administratrix of Miranda's estate, filed a survival action against the apartment complex owners and manager (referred to as Appellants). A jury found Janet Shoemake 45% negligent. Appellants sought contribution from Shoemake, individually, for this percentage in the survival action, which the trial court denied. The court held that parental immunity does not apply when the child is deceased, as the public policy of protecting family peace and tranquility is no longer relevant. The trial court's judgment was reformed to grant Appellants a credit for 45% of the damages from Janet Shoemake.
Fogel, Ltd. v. Shoemake is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
This case addresses whether the doctrine of parental immunity prohibits a third party from seeking contribution from a negligent parent in a survival action brought by the child’s estate. The deceased, 23-month-old Miranda Gilley, drowned in an apartment complex pool. Her mother, Janet Shoemake, as administratrix of Miranda's estate, filed a survival action against the apartment complex owners and manager (referred to as Appellants). A jury found Janet Shoemake 45% negligent. Appellants sought contribution from Shoemake, individually, for this percentage in the survival action, which the trial court denied. The court held that parental immunity does not apply when the child is deceased, as the public policy of protecting family peace and tranquility is no longer relevant. The trial court's judgment was reformed to grant Appellants a credit for 45% of the damages from Janet Shoemake.
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