Plaintiff/appellant James Donegan, as next friend of his son, Michael “Buddy” Donegan, brought suit against the child’s mother, appellee Dorothy DeAnn Davis, and others seeking to recover damages for injuries Buddy suffered when the vehicle in which he was riding, which was being driven by Davis, collided with another vehicle. Additionally, Donegan asserted individual claims for medical expenses and loss of Buddy’s services. The trial court granted Davis’s motion for summary judgment, finding that the claims on behalf of the minor child, an unemancipated minor, were barred by the public policy doctrine of parental or family immunity and also dismissed the remainder of the claims with prejudice. Donegan appeals. 1. “It is well established in Georgia law that an unemancipated minor may not sue a parent for injury arising from a negligent act. Clabough v. Rachwal , 176 Ga. App. 212, 213 335 SE2d 648 1985; Coleman v. Coleman , 157 Ga. App. 533 278 SE2d 114 1981. Public policy reasons which support the parental or family immunity include: 1 disturbance of domestic tranquility, 2 danger of fraud and collusion, 3 depletion of the family exchequer, 4 the possibility of inheritance, by the parent, of the amount recovered in damages by the child, and 5 interference with parental care, discipline and control. Clabough , supra.” Blake v. Blake , 235 Ga. App. 38, 39 508 SE2d 443 1998. However, it is also true that ” ‘while, under the public policy of this State, an unemancipated minor child has no cause of action against a parent for simple negligence, such child may maintain an action for personal injury against a parent for a wilful or malicious act, provided it is such an act of cruelty as to authorize forfeiture of parental authority.’ Wright v. Wright , 85 Ga. App. 721 2 70 S. E. 2d 152 1952.” Buttrum v. Buttrum , 98 Ga. App. 226 105 SE2d 510 1958.
As is pertinent to these issues, the record shows that Donegan is the biological father of Buddy and that he legitimated his son. At the time of the collision, Donegan, Davis and Buddy lived together. It appears undisputed that Donegan no longer lives with Buddy and Davis and that Davis is now Buddy’s primary caretaker and means of support.
