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FULLER v. BUHROW

No. 63386.

292 N.W.2d 672 (1980)

Elrita FULLER and Harold Fuller, Appellants, v. Alfred A. BUHROW, Appellee.

Supreme Court of Iowa.

May 21, 1980.

Attorney(s) appearing for the Case

Don C. Wilson and James C. Wilson of Wilson, Hall, Wilson & Craig, Eldora, for appellants.

James E. Gritzner and David J. Dutton of Mosier, Thomas, Beatty, Dutton, Braun & Staack, Waterloo, for appellee.

Considered en banc.

ALLBEE, Justice.

By this appeal in advance of final judgment, plaintiffs Elrita and Harold Fuller challenge the validity of the defense of contributory negligence as a bar to both the personal injury claim of Elrita and the loss of consortium claim of Harold.

Plaintiffs' original petition alleged that on January 8, 1977, defendant Alfred A. Buhrow drove his car into Elrita while she was a pedestrian on Walnut Street in Cedar Falls. For the injuries she sustained...

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