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
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.
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.