GRAY v. SCHLEGEL

No. 2-58291.

265 N.W.2d 156 (1978)

Randall W. GRAY, as Executor of the Estate of Phyllis E. Jones, Deceased, Appellee, v. Nina Leone SCHLEGEL and Shelby Jean Steinhoff, a/k/a Shelby Jean Goetz, as Executors of the Estate of C. Robert Daack, Deceased, Appellants.

Supreme Court of Iowa.

April 19, 1978.


Attorney(s) appearing for the Case

H. F. Reynolds, of Reynolds, Kenline, Breitbach, McCarthy & Clemens, Dubuque, for appellants.

David W. Leifker, of Hughes & Leifker, Dubuque, for appellee.

Considered by MOORE, C. J., RAWLINGS, LeGRAND, UHLENHOPP and HARRIS, JJ.


RAWLINGS, Justice.

Defendants appeal judgment on jury verdict for plaintiff in wrongful death action. Court of Appeals reversed, holding motion for judgment notwithstanding verdict should have been sustained, but in the interests of justice remanded for new trial. We reverse trial court but do not remand.

October 7, 1973, Phyllis E. Jones and C. Robert Daack were asphyxiated by propane gas which escaped from a refrigerator in Daack's houseboat. Jones' executor...

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