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WAGNER BY GRIFFITH v. SMITH

No. 69026.

340 N.W.2d 255 (1983)

Peter WAGNER, By His Next Friend, D. Burt GRIFFITH, Appellant, v. A.O. SMITH, Skyline Harvestore Systems, Inc., and Galen Wagner, Appellees.

Supreme Court of Iowa.

Rehearing Denied December 21, 1983.

Attorney(s) appearing for the Case

Alfred A. Beardmore, Charles City, for appellant.

Jon Stuart Scoles of Law Office of Warren L. De Vries, Mason City, for appellee Galen Wagner.

Considered en banc.

HARRIS, Justice.

In Turner v. Turner, 304 N.W.2d 786 (Iowa 1981), we abrogated the doctrine of absolute parental immunity in tort actions. In so doing we expressly reserved a question not then presented. Should immunity continue to exist in areas of parental authority and discretion? The facts here require us to decide the question. The trial court determined that the father here cannot be held liable on his four year-old...

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