Don’t blame the 3-year-old tricyclist

October 24, 2014

  • 268 Municipal Corporations
  • 268XI Use and Regulation of Public Places, Property, and Works
  • 268XI(A) Streets and Other Public Ways
  • 268k701 Use as Highway
  • 268k706 Actions for Damages for Negligent or Other Wrongful Use
  • 268k706(2) Issues, Proof, and Variance

10-24-14Pedestrian injured when struck from behind, while walking on public sidewalk, by tricycle operated by three-year-old boy was not entitled to recover from tricyclist without pleading and proving some fault.

Van Camp v. McAfoos, 156 N.W.2d 878, (Iowa, 1968)