## Facts

- A minor, Stephanie Huang, was injured when her hand became caught in an escalator located in a Sears retail store; the escalator was associated with Otis Elevator Co.
- Stephanie’s guardian ad litem sued Sears and Otis for negligence in constructing, maintaining, and operating the escalator.
- The complaint also alleged that Stephanie’s mother reasonably supervised Stephanie and maintained a proper lookout.
- Sears and Otis asserted that the mother’s negligent supervision was the sole, supervening proximate cause of the injury and sought to present evidence and argument on that theory.
- The trial court granted a motion in limine barring any reference to the mother’s alleged negligent supervision, based on Delaware’s limited parental-immunity doctrine.
- The trial court certified an interlocutory appeal, and the Delaware Supreme Court accepted review.

## Issues

1. Whether Delaware should abrogate its limited parental-immunity doctrine.
2. Whether Delaware’s limited parental-immunity doctrine bars defendants from introducing evidence or argument that a parent’s negligent supervision was a supervening cause of the child’s injury.

## Decision

- The Delaware Supreme Court declined to abrogate Delaware’s limited parental-immunity doctrine.
- The court reversed the order excluding evidence and argument about the mother’s alleged negligent supervision.
- The court held that defendants may introduce such evidence to support a supervening-cause defense.
- The case was remanded for further proceedings consistent with that holding.

## Legal Principles

- Delaware recognizes a limited parental-immunity doctrine that restricts tort liability between parent and child in certain categories of parental conduct.
- The parental-immunity doctrine concerns parent–child liability; it does not operate as an evidentiary bar preventing relevant proof about a parent’s conduct.
- In an action against third parties for a child’s injury, defendants may present evidence that a parent’s negligent supervision constituted a supervening cause that breaks the causal chain and relieves defendants of liability.

## Conclusion

The Delaware Supreme Court preserved limited parental immunity while making clear that immunity does not prevent a jury from considering evidence of a parent’s negligent supervision when offered to prove supervening causation in a child’s negligence action against third-party defendants.


Sears, Roebuck & Co. v. Huang, 652 A.2d 568 (Del. 1995)