HANDELAND v. BROWN

No. 2-56273.

216 N.W.2d 574 (1974)

Ronald M. HANDELAND, Appellant, v. Dennis BROWN and Jane Eileen Brown, Appellees.

Supreme Court of Iowa.

March 27, 1974.


Attorney(s) appearing for the Case

Marlyn S. Jensen, Des Moines, for appellant.

Jeff H. Jeffries of Hopkins, Bump & Huebner, Des Moines, for appellees.

Considered en banc.


McCORMICK, Justice.

In this case of first impression we are required to decide whether a parental claim for medical expense and loss of services, companionship and society under rule 8, Rules of Civil Procedure, is subject to a defense based on the injured child's contributory negligence. Trial court held it is. We disagree and reverse and remand.

Vincent Handeland is the minor son of plaintiff Ronald D. Handeland. On September 10, 1971, Vincent was operating...

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