Janet Shoemake v. Fogel, Ltd…

Summary

The Texas Supreme Court held that parental immunity bars a contribution claim against a parent when the alleged negligence is limited to ordinary negligent supervision of the child, and that the failure to plead parental immunity does not constitute a waiver if the defense is apparent on the face of the pleadings. The Court reversed the Court of Appeals and affirmed the trial court’s judgment for the child’s estate, while Justice Hecht dissented, arguing the immunity defense must be affirmatively pleaded.