## Facts

- Frank Herzfeld was placed with Gary Herzfeld as a foster child in 1988 and was adopted by Gary in 1991, when Frank was sixteen.
- On June 5, 1997, Frank sued Gary for damages alleging repeated sexual abuse while Frank was a minor.
- The complaint asserted three intentional tort claims based on the alleged sexual abuse: assault and battery, false imprisonment, and intentional infliction of emotional distress.
- The complaint also asserted a negligence claim.
- The trial court determined Gary’s insurance policy did not cover the negligence claim.

## Issues

1. Whether Florida’s parental immunity doctrine bars a minor child’s civil action against a parent for damages arising from alleged parental sexual abuse.
2. Whether the doctrine applies to both intentional tort claims and a related negligence claim arising from the same alleged sexual abuse.

## Decision

- The Florida Supreme Court exercised conflict jurisdiction to resolve disagreement among district courts.
- The Court approved the decision of the Third District Court of Appeal, which reversed dismissal and summary judgment entered for the parent.
- The Court held parental immunity does not bar a minor child’s civil action for damages arising from sexual abuse by a parent.
- The Court rejected the contrary application of parental immunity to sexual-abuse claims reflected in the conflicting district court decision.

## Legal Principles

- Parental immunity in Florida is a common-law, policy-based doctrine subject to reexamination and limitation when its justifications do not fit the circumstances.
- Parental immunity does not apply to civil claims by a minor child against a parent for damages arising from the parent’s sexual abuse, including intentional tort claims.
- The principal rationale for parental immunity—preserving family harmony—does not support immunity where the alleged sexual abuse has already substantially diminished family harmony.
- Other asserted policy grounds (parental authority/discipline, family finances, and concerns about collusion and insurance) are insufficient to justify immunity in sexual-abuse cases because sexual abuse is not a legitimate exercise of parental authority and the child’s interest in a civil remedy prevails.

## Conclusion

Florida recognizes an exception to parental immunity for claims arising from a parent’s sexual abuse of a minor child, permitting the child to pursue civil damages despite the parent-child relationship.


Herzfeld v. Herzfeld, 781 So. 2d 1070 (Fla. 2001)