CHILDERS v. McGEE

No. 64807.

306 N.W.2d 778 (1981)

James CHILDERS and Patricia Childers, Appellants, v. Ron McGEE and Mary Lou McGee, Appellees, Michael Ott and Debra Ott, Defendants.

Supreme Court of Iowa.

June 17, 1981.


Attorney(s) appearing for the Case

C. A. Frerichs of Fulton, Frerichs, Nutting, Martin & Andres, P.C., Waterloo, for appellants.

Stephen J. Powell of Swisher & Cohrt, Waterloo, for appellees.

Considered by REYNOLDSON, C.J., and LeGRAND, McCORMICK, ALLBEE, and SCHULTZ, JJ.


McCORMICK, Justice.

The principal question in this appeal is whether the trial court's error in submitting the defense of contributory negligence requires reversal of defendants' judgment on both plaintiffs' claims. Holding it does not, the Court of Appeals reversed only the judgment against James Childers. We hold that the judgment should have been reversed as to both plaintiffs. Therefore we vacate the decision of the Court of Appeals in part, reverse the district...

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