VAN CAMP V. McAFOOS
156 N.W.2d 878 (1968)
NATURE OF THE CASE: The Court granted a motion to dismiss for failure to state a claim
filed by McAfoos (D), parents and their child, in an action brought by Van Camp (P) in which
P alleged D struck P from behind while the child was riding a tricycle. P appealed.
FACTS: Van Camp (P) sued McAfoos (D) a three-year-old for running his tricycle into P's
Achilles' tendon and injuring it. This occurred while P was walking on a public sidewalk.
The injury needed surgery to fix. D moved to have the complaint dismissed, as it did not
state an action in either negligence or intentional tort. That motion was granted and P
appealed. P states her petition contains the following ultimate facts (1) she was rightfully
using the public sidewalk (and thus had a right to the reasonably free use thereof and to
remain uninjured during such use), (2) D used his tricycle on the public sidewalk (and thus
had a duty to use the same without injurious interference with others), (3) surprise
intrusion of the tricycle into the right rear ankle of P (thus interfering with P's right
and stating D activated the mechanism causing the injury) and (4) damage resulted from the
intrusion. P stands firmly on the proposition that invasion of her person is in itself a
wrong and she need plead no more.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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