ACCENT SERV. CO., INC. v. Ebsen
306 N.W.2d 575, 209 Neb. 94, 1981 Neb. LEXIS 878 (1981)
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Rule of Law:
A parent is relieved of the legal obligation to pay for necessaries furnished to their minor child when the child has become completely emancipated, which can occur by consent when the child voluntarily leaves the home, becomes self-supporting, and the parent ceases to provide support. Signing a consent-to-treat form, without more, does not create a contractual obligation to pay for those medical services.
Facts:
- Violet Ebsen, a widow, lived with her 18-year-old son, Dwaine.
- Following arguments over his associations and conduct, both Violet and Dwaine agreed that he should move out and support himself.
- On February 1, 1977, Dwaine took his personal belongings and moved from his mother's home.
- After moving out, Dwaine received no financial support from his mother and was self-supporting.
- On February 24, 1977, while living on his own, Dwaine was shot and taken to a hospital, incurring significant medical expenses.
- At the hospital, Violet Ebsen signed a form consenting to her son's operation and other medical services.
- After his hospitalization, Dwaine returned to his mother's home for only three days before leaving again and has remained self-supporting since.
Procedural Posture:
- The hospital's assignee sued Violet Ebsen in the county court of Knox County, Nebraska, to recover the cost of her son's medical expenses.
- The county court entered a judgment in favor of the plaintiff for $2,555.01, finding Dwaine Ebsen was not emancipated.
- Violet Ebsen, the defendant, appealed the judgment to the District Court of Knox County, Nebraska.
- The District Court affirmed the county court's judgment, finding insufficient evidence of emancipation and that a contractual liability existed.
- Violet Ebsen, as defendant-appellant, appealed the District Court's decision to this court, with the hospital's assignee as the plaintiff-appellee.
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Issue:
Does a parent's consent for their minor child to move out of the family home, cease financial support, and live independently constitute a complete emancipation that relieves the parent of liability for necessaries, such as medical care, furnished to the child?
Opinions:
Majority - Van Pelt, District Judge
Yes, a parent's consent for their minor child to move out, cease financial support, and live independently constitutes a complete emancipation that relieves the parent of liability for necessaries. The court determined that emancipation can be implied from the conduct of the parties. In this case, Dwaine left his mother's home with her consent, furnished his own support, and received nothing from her from that time forward. These facts established that Dwaine was emancipated, which relieved his mother of the legal duty to pay for necessaries furnished to him by third parties. The court also found no evidence of a separate contractual agreement to pay for the services. The consent-to-treatment form signed by Violet Ebsen contained no language creating a promise to pay, and no other evidence of an oral or written agreement to pay the bill was presented.
Analysis:
This decision clarifies the doctrine of implied emancipation in Nebraska, establishing that a mutual agreement between a parent and minor for the child to live independently can sever the parent's financial obligations without a formal court order. It highlights that the core of emancipation is the relinquishment of parental control and the termination of financial support. The ruling also reinforces a key contract principle: a consent-to-treatment form is not, by itself, a contract to pay. This places the onus on healthcare providers to obtain a clear, separate agreement for payment when treating potentially emancipated minors or when a non-obligated party is present.
