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Gbye v. Gbye8/18/1998
g no such allegation made in this case, we reject the invitation to create an "willful and wanton" misconduct exception to Alabama's parental immunity doctrine in cases involving motor vehicle accidents. Additionally, in reaching this Conclusion, we note that the child's estate could have brought this action in the State of Alabama and more appropriately petitioned the Alabama courts to carve out additional exceptions to that state's parental immunity doctrine.
In sum, we hold that Alabama's parental immunity doctrine controls the outcome of this case; as such, the trial court properly dismissed, pursuant to Rule 12(b)(6), the wrongful death claim of the child's estate against the mother.
Affirmed.
JUDGES MARTIN, John C. and WALKER concur.
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