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SMITH v. SMITH

No. 00-1799.

646 N.W.2d 412 (2002)

Shirley Ann SMITH, Individually and as Parent and Next Friend of Levi Raymond Smith, a Minor, Appellant, v. Raymond Francis SMITH, Appellee.

Supreme Court of Iowa.

Rehearing Denied July 16, 2002.

Attorney(s) appearing for the Case

James C. Larew of Larew Law Office, Iowa City, for appellant.

J. Michael Weston and Brenda K. Wallrichs of Moyer & Bergman, P.L.C., Cedar Rapids, for appellee.

LARSON, Justice.

Shirley Smith, on behalf of her minor son, Levi Smith, sued the child's father, defendant Raymond Smith, for negligent infliction of emotional distress when Levi witnessed the events surrounding the death of his younger brother, Eli. The child died as a result of the defendant backing over him with a van. The district court concluded it had no subject matter jurisdiction, based on parental immunity, and dismissed the case. We reverse and remand for...

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