AYERS v. STRAIGHT

No. 86-1377.

422 N.W.2d 643 (1988)

Roger J. AYERS, Nancie F. Ayers, Mills Distributing Company and Rebel Express, Inc., Appellants, v. Janice J. STRAIGHT, d/b/a Midway Lounge and J.F.V. Corporation, Appellees. Janice J. STRAIGHT, d/b/a Midway Lounge, Appellee, v. Roger J. AYERS, Nancie F. Ayers and Rebel Express, Inc., Appellants. Janice J. STRAIGHT, d/b/a Midway Lounge, Appellee, v. Randy Joe BARNES, Appellant.

Supreme Court of Iowa.

April 13, 1988.


Attorney(s) appearing for the Case

R. Jeffrey Lewis and James L. Pray of Gamble, Riepe, Webster, Davis & Green, Des Moines, for appellants Roger J. Ayers, Nancie F. Ayers, Mills Distributing Co. and Rebel Exp., Inc.

Donald C. Beattie, J. Kirk Norris and Ed Skinner of Skinner, Beattie & Wilson, Altoona, for appellant Randy Joe Barnes.

Lee H. Gaudineer and H. Loraine Schnoor of Austin & Gaudineer, Des Moines, for appellee Janice J. Straight.

Gordon K. Darling, Jr. of Darling, Chickering & Darling, Winterset, for appellee J.F.V. Corp.

Considered by SCHULTZ, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.


SCHULTZ, Justice.

In this case the owners of various property interests in a semi-truck and cargo damaged by its intoxicated driver sued two dram shops under Iowa Code section 123.92 (1981). In turn, the dram shops sought equitable contribution from the intoxicated driver, his employers and the owner of the truck.

All parties sought relief from adverse claims by motions for summary judgment. Ruling on such motions, the district court first refused to dismiss...

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