GOETZMAN v. WICHERN

No. 66832.

327 N.W.2d 742 (1982)

Mary E. GOETZMAN, Appellant, v. Homer E. WICHERN, M.D., Appellee.

Supreme Court of Iowa.

Rehearing Denied January 13, 1983.


Attorney(s) appearing for the Case

David S. Wiggins and Linda Haley of Williams, LaMarca, Marcucci & Wiggins, P.C., West Des Moines, for appellant.

Eugene Davis and Robert C. Rouwenhorst of Davis, Grace, Horvath, Gonnerman & Rouwenhorst, P.C., Des Moines, for appellee.

Considered en banc.


McCORMICK, Justice.

The question here is whether the common law of Iowa should be changed to substitute the doctrine of comparative negligence for the existing doctrine of contributory negligence. In the present case the trial court submitted a contributory negligence defense over an objection by plaintiff in which she advocated the change. We now abandon the doctrine that contributory negligence is a complete bar to recovery...

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