## Facts

- Marianne Van Camp alleged she was walking on a public sidewalk when Mark McAfoos (age three years and one month) rode a tricycle into the back of her right leg without warning, injuring her Achilles tendon.
- Van Camp alleged the tendon injury required surgery and was directly and proximately caused by Mark’s act.
- Van Camp alleged Mark’s parents furnished the tricycle and knew or should have known Mark rode it upon or near the public sidewalk in a manner creating an unreasonable risk to sidewalk users.
- Van Camp alleged the parents had a duty to warn and instruct the babysitter to exercise proper control over Mark during tricycle play and that the parents’ failure to instruct the babysitter proximately caused her injury.

## Issues

1. Whether allegations that a three-year-old, while riding a tricycle on a public sidewalk, collided with the plaintiff and caused injury—without alleging negligent, intentional, or otherwise wrongful conduct—state a tort claim.
2. Whether allegations that parents furnished a tricycle, knew or should have known of the child’s tendency to ride near the sidewalk, and failed to instruct a babysitter to control the child state a claim for parental negligence.

## Decision

- The Iowa Supreme Court affirmed the trial court’s dismissal for failure to state a claim.
- As to the child, the petition did not plead an actionable tort because it alleged injury and causation but did not allege wrongful conduct (negligence, intent, or other recognized basis of liability).
- As to the parents, the petition did not plead facts sufficient to show the parents’ own negligent supervision or control as a basis for liability.

## Legal Principles

- Tort liability requires a legal wrong (a breach of a duty imposed by law), not merely conduct that factually causes harm.
- A petition that alleges only “direct and proximate cause” of injury, without facts alleging wrongful conduct, fails to state a cause of action.
- A child may be liable in tort under Iowa law, but liability still depends on pleading and proving an actionable basis (such as negligence or intent).
- Parents are not vicariously liable solely because they are parents; any liability must be based on the parents’ own negligence, such as failure to control a child when the parents know or should know control is necessary and have an opportunity to exercise it.
- On a motion to dismiss, if an essential element of the claim is missing from the pleading, the claim fails even if the missing element might be shown by evidence later.

## Conclusion

The court affirmed dismissal because the pleadings alleged an accidental tricycle collision and resulting injury but did not plead any wrongful conduct by the child or sufficiently pleaded negligent conduct by the parents, and Iowa tort law requires a pleaded legal wrong as an essential element of recovery.


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