(Download) "Nesci v. Willey" by Supreme Court Of Iowa. ~ eBook PDF Kindle ePub Free
eBook details
- Title: Nesci v. Willey
- Author : Supreme Court Of Iowa.
- Release Date : January 06, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In Barlow v. Iblings, 261 Iowa 713, 156 N.W.2d 105 (1968), this court made an exception to the common law right of unemancipated minor children to sue their parents. The court held that such minors could not sue their parents for negligence torts. In the present case, plaintiffs Rick and Rob Turner sued their father, defendant Robert Turner, for damages which they alleged they sustained in an automobile accident caused by their fathers negligence. We granted interlocutory review of a trial court holding that the action is precluded by Barlow. Upon reexamination of the parental immunity doctrine, we now abrogate the absolute ban on negligence suits imposed in Barlow. Because we hold that the present action may be maintained, we reverse the trial court and remand the case for further proceedings.