Robert I. Feinberg Personal Injury Law Blog on Lawyers.com

A Key Evolution in the Common Law

Wednesday, September 1, 2010 by Robert I. Feinberg

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We have recognized that passengers have a right to sue their drivers even where those passengers are related to the driver. What is remarkable is that this was not permitted until 35 years ago. In Sorenson v. Sorenson, 339 N.E.2d 907 (1975) a child was able to sue his parent as the court abrogated the doctrine of parental immunity “to the extent of the parent’s automobile liability insurance coverage.” In the next year, the Supreme Judicial Court in Pevoski v. Pevoski, 358 N.E.2d 416 (1976) abrogated spousal immunity in the automobile context. ( In 1975, in Lewis v. Lewis 351 N.E.2d 526 (1975), the Supreme Judicial Court concluded that the common law rule of interspousal immunity “should no longer bar an action by one spouse against the other as that is consistent with the general principle that if there is tortious injury there should be recovery.” The Supreme Judicial Court reasoned that only strong public policy arguments should every preclude the right to sue.) The courts have thus shown a willingness to consider that the notions of “social context of generations past” may be inadequate. This is the evolving common  law, and we know from prior blogs that common law is up to the state courts in the injury/accident context.

Feinberg & Alban PC 141 Tremont Street, Boston, MA 02111

 
Posted at 19:00 PM
Topic: Personal Injury
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