Elkington v. Foust

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “generally consent is a defense to a willful tort”
• deferring to trial court stating that its action on the award lends solidarity
• deferring to trial court stating that its action on the award lends solidarity
• “there is no foundation in our law, statutory or decisional, upon which to base parental immunity”
• consent not a defense to tort action for sexually assaulting and abusing a minor, in part because \any consensual agreement to engage in such conduct would be rejected by the law as against public policy and void\
• parental immunity is an affirmative defense that must be pleaded

Source: CourtListener parenthetical corpus (CC0).