Janet Shoemake v. Fogel, Ltd…

Summary

The Texas Supreme Court held that parental immunity bars a contribution claim when the parent's negligence is limited to ordinary negligent supervision of the child, and that the failure to specifically plead parental immunity does not constitute a waiver because the defense is apparent on the face of the pleadings and a matter of law. The Court reversed the Court of Appeals and affirmed the trial court's judgment in favor of the child's estate.