PITCHER v. LAKES AMUSEMENT CO.

No. 2-57158.

236 N.W.2d 333 (1975)

Barbara Sue PITCHER, a minor, by her father and next friend, Arlo Pitcher, and Arlo Pitcher, Individually, Appellants, v. LAKES AMUSEMENT COMPANY, a corporation, et al., Appellees.

Supreme Court of Iowa.

December 17, 1975.


Attorney(s) appearing for the Case

Fitzgibbons Brothers, Estherville, and Grathwol, Ploetz, Oberhauser & Nodland, Wayzata, Minn., for appellants.

James, Greer, Hoover, Nelson & Bertell, Spencer, and Erickson, Zierke, Kuderer & Utermarck, Fairmont, Minn., for Gerald R. Anderson, d/b/a Bloomquist Bus Service, appellee.

Wilson, Rhinehart & Bikakis, Sioux City, for Lakes Amusement Co., appellee.

Pendleton & Pendleton, Storm Lake, for Cabot Welchlin, appellee.

Considered en banc.


HARRIS, Justice.

This appeal challenges the constitutionality of a procedural rule providing for nonunanimous jury verdicts. The challenge is based on Article I, § 9, of the Iowa Constitution which the trial court found was not offended by the rule. We agree and affirm the trial court.

The facts are of limited significance in determining this appeal. On June 6, 1970 Barbara Sue Pitcher, then age 12, was injured while riding on a roller coaster in an amusement...

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