WILSON v. IOWA POWER & LIGHT CO.

No. 62281.

280 N.W.2d 372 (1979)

Betty A. WILSON, Administratrix of the Estate of Gilbert E. Wilson, Deceased, and Betty A. Wilson, Individually, Appellants, v. IOWA POWER & LIGHT COMPANY and Daniel R. Meyers, d/b/a Meyers Electric Company, Appellees.

Supreme Court of Iowa.

June 27, 1979.


Attorney(s) appearing for the Case

Martin E. Spellman of Spellman, Spellman, Spellman & Spellman, Perry, for appellants.

H. Randy Duncan of Duncan, Jones, Riley & Finley, Des Moines, for appellee Iowa Power & Light Co.

Peter A. Keller of McDonald & Keller, Dallas Center, for appellee Daniel Meyers.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McCORMICK, McGIVERIN and LARSON, JJ.


McCORMICK, Justice.

The principal question in this appeal is whether the entirety of a personal representative's wrongful death action is subject to a defense based upon contributory negligence of the decedent. Over plaintiff's objection, the trial court instructed the jury that it is. Upon plaintiff's appeal from judgment on a jury verdict for defendants, we affirm.

In separate divisions of her petition, plaintiff Betty A. Wilson sought recovery on negligence...

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