Kinslow v. Cook

The plaintiff-appellant (Mrs. Kinslow) is appealing the trial court’s ruling dismissing her as a plaintiff in a case arising from her sixteen year old son’s death.

In view of our decision to reverse we find it necessary to discuss but one issue involving the constitutionality of that part of IC 1971, 34-1-1-8 (Burns Code Ed.) which reads:

“A father, or in case of his death, or desertion, of his family, or imprisonment, the mother, . . ., may maintain an action for the injury or death of a child; . . -” 1

The essential facts giving rise to this appeal show that Mrs. Kinslow’s son was injured in…