Van Camp v. McAfoos
Iowa Supreme Court
156 N.W.2d 878 (1968)
Relevant factsFree
Three-year-old McAfoos (defendant), riding a tricycle on a sidewalk, collided with Van Camp (plaintiff) without warning, injuring her leg; Van Camp sued in tort without alleging any specific intentional or negligent wrongful conduct by McAfoos, relying instead simply on the fact of the collision and resulting injury. The trial court dismissed for failure to allege fault, and Van Camp appealed.
IssueFree
Whether a plaintiff must allege fault by the defendant to survive a motion to dismiss a tort claim.