Erickson ex rel. Erickson v. Christensen

HARRIS, Justice.

The question is whether the subject of a counterclaim is too speculative to form a basis for a declaratory judgment action. The trial court determined there was no substantial controversy involved in the counterclaim of sufficient immediacy to warrant declaratory judgment. Hence the trial court dismissed the counterclaim. We affirm.

The controversy arose from an accident which occurred May 18, 1973 in which a four-year-old boy, Trevor Lee Erickson (the child) was struck by a vehicle operated by Roger Glenn Christensen (the driver). Mary Van Dorin (the babysitter) was…