Attorneys, in a case of first impression, defeated a summary judgment motion filed by the mother of a child plaintiff to have the third party Complaint against her dismissed

Attorneys, in a case of first impression, defeated a summary judgment motion filed by the mother of a child plaintiff to have the third party Complaint against her dismissed. Although the general rule is that parents cannot be sued for negligence or gross negligence resulting in their child's injury, attorneys argued that the mother's actions were willful and wanton and filed a third party Complaint against her. The Court agreed that the third party action against a parent who allowed a 7 year old child with cerebral palsy, connective tissue disorder and brittle bone disease to play on the monkey bars with no supervision could be maintained.