BOWEN v. KAPLAN

No. 2-56893.

237 N.W.2d 799 (1976)

Chester J. BOWEN and Jeanne Bowen, Appellants, v. Israel E. KAPLAN and Western Casualty & Surety Company, Appellees.

Supreme Court of Iowa.

January 21, 1976.


Attorney(s) appearing for the Case

Ronald E. Runge, of Runge & Runge, Sioux City, for appellants.

Duncan M. Harper, of Gleysteen, Nelson, Harper, Kunze & Eidsmoe, Sioux City, for appellees.

Submitted to MOORE, C. J., and MASON, LeGRAND, HARRIS and McCORMICK, JJ.


HARRIS, Justice.

We affirm a ruling of the trial court sustaining a motion to dismiss an action brought against a workmen's compensation insurance company. The principal theory was negligent inspection and the parties dispute whether there was an additional claim of failure to inspect.

Plaintiffs' petition alleges Chester J. Bowen was injured in an industrial accident November 22, 1971 while operating a fork lift in a cold storage company building. It is alleged...

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