SWEENY v. PEASE

No. 64093.

294 N.W.2d 819 (1980)

Judy SWEENY, Individually and as the Administrator of the Estate of Edward Sweeny, Deceased, Plaintiff, v. John PEASE, Appellant. John PEASE, Cross-Petitioner-Appellant, v. Marvin L. PEXA, d/b/a Pexa Construction Co., Third-Party Defendant-Appellee.

Supreme Court of Iowa.

July 16, 1980.


Attorney(s) appearing for the Case

Robert W. Wendt, Cedar Rapids, for appellant.

Patrick M. Roby and Carroll J. Reasoner, of Shuttleworth & Ingersoll, Cedar Rapids, for appellee.

Considered by REES, P. J., and UHLENHOPP, HARRIS, McCORMICK, and ALLBEE, JJ.


McCORMICK, Justice.

The question here is whether the trial court erred in entering summary judgment for an employer on an employee's cross-petition seeking indemnity for attorney fees and expenses incurred in successfully defending a wrongful death action brought against the employee by the estate of a coemployee. The employee contends the court erred in holding that he was not entitled to an evidentiary hearing to show the fees and expenses were incurred in defending...

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