HENKEL v. HERI

No. 60682.

274 N.W.2d 317 (1979)

Elizabeth L. HENKEL, Appellant, v. Clara HERI, as Executor of the Estate of Clarence Heri, Deceased, Appellee.

Supreme Court of Iowa.

Rehearing Denied February 15, 1979.


Attorney(s) appearing for the Case

Russel A. Neuwoehner and Donald R. Breitbach, Dubuque, for appellant.

William C. Fuerste and Robert L. Sudmeier, Dubuque, for appellee.

Considered by REES, P. J., and HARRIS, McCORMICK, McGIVERIN and LARSON, JJ.


REES, Justice.

This appeal is from judgment entered on a jury verdict for defendant in an action for damages alleged to have resulted from a motor vehicle accident. The Court of Appeals affirmed, and we granted further review. We now vacate the judgment of the Court of Appeals, reverse the trial court, and remand for a new trial.

The automobile, in which the plaintiff was riding at the time she allegedly sustained injury, was driven by one Daniel DeMaio and...

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