NICHOLS v. HOCKE

No. 64891.

297 N.W.2d 205 (1980)

Joyce A. NICHOLS and Ronald Nichols, Appellants, v. Gerald E. HOCKE, Appellee.

Supreme Court of Iowa.

October 15, 1980.


Attorney(s) appearing for the Case

John T. Nolan and Marc B. Moen, of Lucas, Nolan & Bohanan, Iowa City, for appellants.

Patrick M. Ryan of Goedken, Hintermeister & Ryan, Muscatine, for appellee.

Considered en banc.


HARRIS, Justice.

We granted permission for this interlocutory appeal which challenges a trial court order for a pretrial hearing. The stated purpose of the hearing was to require plaintiffs to substantiate a claim for punitive damages. We find no authority to require such a claim to be established in advance of trial. Hence we reverse the trial court.

This is a tort suit which arose from a two-car accident. It is claimed defendant's vehicle struck plaintiffs...

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