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Sepaugh v. LaGrone

Failing to comply with a smoke-alarm ordinance does not have the legal effect of reducing the scope of parental "discretion" protected under a parental-immunity defense to a wrongful death and survivorship claim. Austin Court of Appeals, No. 03-05-00358-CV, 08-28-2009

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OPINION *fn1

Marietta Sepaugh, individually and as next friend of her late minor son, Frank LaGrone (Frank), appeals a take-nothing summary judgment on damages claims she had asserted against appellee Paul LaGrone (LaGrone), Frank’s father and Sepaugh’s ex-husband. Sepaugh sought damages arising from Frank’s death in a Christmas Eve 2002 house fire that also killed another of LaGrone’s minor sons (Frank’s half-brother) and a third child, a friend of the LaGrone children, who was spending the night. The summary judgment was based solely on LaGrone’s affirmative defense of parental immunity. Sepaugh argues that the district court erred in granting summary judgment because parental immunity does not bar her claims. We will affirm the judgment.

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