## Facts

- An 18-year-old, Dwaine Ebsen, lived with his mother, Violet Ebsen, in Verdigre, Nebraska.
- After family disputes, Dwaine and Violet agreed on February 1, 1977, that Dwaine would move out and support himself; he took his belongings and moved to Orchard, Nebraska.
- After Dwaine moved, Violet provided no further support.
- On February 24, 1977, Dwaine was shot while living in Orchard and was treated at a Norfolk hospital, incurring $2,555.01 in charges.
- Violet gave permission for Dwaine to receive medical treatment.
- After about two weeks, Dwaine returned to Violet’s home for three days, then left and remained self-supporting.
- The hospital assigned its claim to Accent Service Company, Inc., which sued Violet for the unpaid charges.

## Issues

1. Whether Dwaine was completely emancipated at the time of hospitalization, relieving Violet of liability for necessaries furnished to him.
2. Whether Violet, by her words or conduct (including consenting to treatment), expressly or impliedly contracted to pay the hospital expenses.

## Decision

- The Nebraska Supreme Court reversed the judgments for Accent and remanded with directions to dismiss the petition.
- The court held the evidence established Dwaine’s complete emancipation before the hospital services were rendered, eliminating parental liability to third parties for necessaries.
- The court held the evidence did not support a finding that Violet made an express or implied promise to pay the hospital bill; consent to treatment, without more, did not create contractual liability.

## Legal Principles

- Complete emancipation relieves a parent of liability to third parties who furnish necessaries to the child.
- Emancipation may be shown by express agreement or inferred from circumstantial evidence, including the parties’ intent and conduct (e.g., agreement to live separately and be self-supporting, and actual cessation of parental support).
- A parent is not contractually liable for a child’s medical expenses absent proof of an express or implied undertaking to pay; permission for treatment alone is insufficient to establish a payment contract.

## Conclusion

Because the mother and son agreed he would move out and support himself, and their subsequent conduct confirmed complete emancipation, the mother had no duty-based liability for the hospital’s charges, and her consent to treatment did not, without proof of a promise to pay, create an enforceable contract.


Accent Serv. Co. v. Ebsen, 306 N.W.2d 575 (Neb. 1981)