Pearson & Dickerson Contractors Inc. v. Harrington

In Pearson & Dickerson Contractors Inc. v. Harrington, 60 Ariz. 354, 137 P.2d 381 (1943), the Arizona Supreme Court stated that the proper party to bring an action for damages for the medical expenses of an injured child is the child's parent and not the child. Id. at 364, 137 P.2d at 385. However, Pearson held that a claim for medical expenses may be brought by a child if "the parents have consented to" recovery by the child. 60 Ariz. at 364, 137 P.2d at 385. The court explained that in such a case, by their consent, the parents release their claim to the child in such a way that "it amounts in law to . . . an assignment." Id. at 364-65, 137 P.2d at 385.