Torts - Parental Claim for Loss of Services - Iowa Court Holds That Contributory Negligence of the Minor Does Not Bar Parental Claim for Loss of Services - Handeland v. Brown, 216 N.W.2d 574 (Iowa 1974)
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Authors
Koch, Bradley T.
Issue Date
1975
Volume
8
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Vincent Handeland, a minor, was injured when the motorcycle he was riding collided with a car driven by the defendant Jane Brown. Vincent, through his father as next friend, brought an action in tort alleging that the defendant was negligent in the operation of her vehicle. Vincent's father, Ronald Handeland, joined in the action individually in order to assert his claim under Rule of the Iowa Rules of Civil Procedure for loss of Vincent's services, society and companionship. The trial court found Vincent's contributory negligence a bar not only to his claim for injuries suf4 fered but also a bar to his father's claim for loss of services. Ronald Handeland appealed to the Iowa Supreme Court his action for loss of his son's services, asserting that Vincent's negligence should not have acted as a bar to the parental claim under Rule 8. The supreme court agreed- with the appellant's assertion and reversed not only the trial court's decision as to the father, but also prior law. The court held that a child's contributory negligence, not the sole proximate cause of his injury, is not a defense to a parental claim for loss of services of their minor child...
Description
Citation
8 Creighton L. Rev. 555 (1974-1975)
Publisher
Creighton University School of Law