IMT INS. CO. v. MYER

No. 62653.

283 N.W.2d 316 (1979)

IMT INSURANCE COMPANY, Appellant, v. Ed F. MYER, Kenneth Fitch, and Ellen Fitch, Appellees.

Supreme Court of Iowa.

September 19, 1979.


Attorney(s) appearing for the Case

John D. Sens of Stuart, Tinley, Peters, Thorn, Smits & Sens, Council Bluffs, for appellants.

A. W. Tauke of Porter, Lash, Reilly & Tauke, Council Bluffs, for appellee, Ed F. Myer.

William Welch, Logan, for appellees, Kenneth Fitch and Ellen Fitch.

Considered by REYNOLDSON, C. J., and LeGRAND, REES, McCORMICK, and McGIVERIN, JJ.


LeGRAND, Justice.

This case is here on an interlocutory appeal under rule 2, R.App.P., from an order on defendant Myer's application for adjudication of law points. We reverse and remand for further proceedings.

Although named as defendants, Kenneth Fitch and Ellen Fitch have taken no part in this appeal. We discuss the case as though IMT as plaintiff and Ed F. Myer as defendant were the only parties.

In 1975 Kenneth Fitch sued Myer for personal injuries...

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