Citation. Van Camp v. McAfoos, 261 Iowa 1124 (Iowa 1968)
Brief Fact Summary. Van Camp (Plaintiff) sued, alleging that Mark McAfoos (Defendant), while riding his tricycle collided with Plaintiff causing injury to her achilles tendon. The trial court sustained a motion to dismiss. Plaintiff appealed.
Synopsis of Rule of Law. Where an essential element of the cause of action is missing, the question is not what may be shown under the pleading but whether a cause of action has been pled.
Plaintiff alleged that three year-old Defendant was riding his tricycle on a sidewalk, and without warning drove it into the rear of the Plaintiff injuring her Achilles tendon. She contended that Defendants’ behavior was the proximate cause of her injury, which required surgery. The thrust of Plaintiff’s claim, the court observed, was that she was entitled to recovery regardless of the presence of fault or wrongdoing. Issue.
Did Plaintiff plead a cause of action?