KOLL v. MANATT'S TRANSP. CO.

No. 2-58076.

253 N.W.2d 265 (1977)

Michael E. KOLL, Administrator of the Estate of David Joseph Koll, Deceased, and Michael E. Koll, Individually, Appellants, v. MANATT'S TRANSPORTATION CO., and Michael Manatt, Appellees.

Supreme Court of Iowa.

April 20, 1977.


Attorney(s) appearing for the Case

Bierman & Bierman, P. C., Grinnell, for appellants.

A. Roger Witke and Thomas S. Reavely, Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for appellees.

Heard before MOORE, C. J., and MASON, UHLENHOPP, HARRIS and McCORMICK, JJ.


HARRIS, Justice.

This wrongful death suit arose from a fatal accident in which a young workman lost his life July 13, 1972. Trial to a jury resulted in a defendant's verdict. This appeal challenges the "unavoidable accident" instruction, a trial court ruling striking certain specifications of negligence, and a trial court ruling denying a motion for permission to amend to conform with the proof. We do not reach a third assignment because it involves a matter not likely...

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