TITLE 5

PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

CHAPTER 3

PARTIES TO ACTIONS

5-310.  Action for injury to unmarried child. The parents may maintain an action for the injury of an unmarried minor child, and for the injury of a minor child who was married at the time of his injury and whose spouse died as a result of the same occurrence and who leaves no issue, and a guardian for the injury of his ward, when such injury is caused by the wrongful act or neglect of another, but if either the father or mother be dead or has abandoned his or her family, the other is entitled to sue alone. Such action may be maintained against the person causing the injury, or if such person be employed by another person, who is responsible for his conduct, also against such other person.

History:

[(5-310) C.C.P. 1881, sec. 191; R.S. & R.C., sec. 4099; am. 1915, ch. 120, sec. 3, p. 266; reen. C.L., sec. 4099; C.S., sec. 6643; I.C.A., sec. 5-310; am. 1972, ch. 177, sec. 1, p. 444; am. 1984, ch. 158, sec. 1, p. 385.]