Opinion

Weitl v. Moes

  • 311 N.W.2d 259
  • 1981 Iowa Sup. LEXIS 1052
Court
Supreme Court of Iowa
Filed
Oct 21, 1981
Status
Published
Author
LeGRAND
On the bench
Allbee, Harris, III, LARSON's, Larson, LeGRAND, McCORMICK, McGIVERIN, McGIVERIN's, Reynoldson, Schultz
Cited by
77 cases

Overruled by Audubon-Exira Ready Mix, Inc. v. Illinois Central Gulf Railroad, 1983 Iowa Sup. LEXIS 1545 (1983)

holding “[t]he ordinary meaning of the word ‘person’ is a human being who has ‘attained a recognized individual identity’ by being born alive” (citation omitted)

How later courts described this case

  • holding “[t]he ordinary meaning of the word ‘person’ is a human being who has ‘attained a recognized individual identity’ by being born alive” (citation omitted)
  • recognizing minor child's independent cause of action for loss of consortium of injured parent
  • “a minor has an independent cause of action for loss of society and companionship of a parent who is tortiously injured”
  • stating, “our role is to construe the statute as we believe the legislature intended it”

Written by the judges who cited it.

Later courts went against this

  • Overruled by Audubon-Exira Ready Mix, Inc. v. Illinois Central Gulf Railroad, 1983 Iowa Sup. LEXIS 1545 (1983)

    311 N.W.2d 259, 270 (Iowa 1981) (en banc) (plurality opinion), overruled on other grounds by, Audubon-Exira, 335 N.W.2d at 152
    Supreme Court of IowaJun 15, 198322 citing opinionsRead it
  • Abrogated by Madison v. Colby, 1984 Iowa Sup. LEXIS 1099 (1984)

    Id. To avoid duplication, the child’s common law action recognized in Weitl is abrogated.
    Supreme Court of IowaApr 11, 1984Read it

The opinion

LeGRAND, Justice

(concurring in part and dissenting in part).

I concur in division I of the court’s opinion. I join Justice McGiverin’s dissent as to division II, and I join Justice Larson’s dissent as to division III.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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