HUNTER v. CITY OF DES MOINES

No. 64505.

300 N.W.2d 121 (1981)

Michael J. HUNTER and Becky McMurry, Appellants, v. CITY OF DES MOINES, Iowa, Appellee.

Supreme Court of Iowa.

January 14, 1981.


Attorney(s) appearing for the Case

Robert W. Pratt, Des Moines, for appellants.

J. M. Sullivan, Asst. City Atty., for appellee.

Considered by REYNOLDSON, C. J., and HARRIS, McCORMICK, ALLBEE and LARSON, JJ.


ALLBEE, Justice.

The important question which we confront in this appeal is whether offensive use of issue preclusion can be invoked where mutuality of the parties is lacking. The sole assignment of error here is predicated upon trial court's denial of plaintiffs' application for separate adjudication of law points; in that application they asserted defendant City of Des Moines should be precluded from relitigating the issues of its negligence and of proximate cause...

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