# Smith v. Kauffman

> Supreme Court of Virginia · September 1, 1971 · 212 Va. 181

URL: https://www.frixlaw.com/law-library/cases/9587209

## Case

- **Full name:** Christine Margaret Smith, an Infant, Etc. v. Jay G. Kauffman, Administrator, Etc., Et Al.
- **Court:** Supreme Court of Virginia
- **Decided:** September 1, 1971
- **Citations:** 212 Va. 181; 183 S.E.2d 190; 1971 Va. LEXIS 326
- **Precedential status:** Published
- **Opinion:** Concurring in part by I'Anson
- **Judges:** Gordon, Cochran, Harman
- **Cited by:** 73 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9587209

## Opinion text

*188 I’Anson, J.,
concurring in part and dissenting in part.
I agree with the majority that a child can maintain an action against a parent to. recover for injuries sustained in a motor vehicle accident.
But I cannot agree that as a matter of law “a child under the age of 14 years is incapable of knowingly and voluntarily accepting an invitation to become a guest in an automobile so as to subject himself to the gross negligence rule.”
In adopting this rule the majority say that since we “are now dealing with capacity to assume a risk, rather than capacity to be negligent” they are justified in borrowing “from, rather than adopting entirely, the rule respecting the capacity of young children to exercise care and prudence.” I do not agree that it requires more intelligence and judgment on the part of a child to assume a risk than to be guilty of negligence.
I think a jury should determine whether a child between the ages of 7 and 14 is capable of becoming a guest passenger on the basis of his age, ability, intelligence and experience, and whether such a child could assume a risk.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9587209. Public record. Not legal advice.