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SNYDER v. DAVENPORT

No. 67075.

323 N.W.2d 225 (1982)

Letha Jean SNYDER and Addison Snyder, Appellants, v. Merlin Gene DAVENPORT, Defendant; Merrill C. Brooks and Alan R. Peterson, d/b/a Hildagarde's; David L. Smith and Michael Shaver, d/b/a Treehouse Lounge; and Greig E. Sullivan, d/b/a Slick Sully's Emporium; and Treehouse, Inc., Appellees.

Supreme Court of Iowa.

August 25, 1982.

Attorney(s) appearing for the Case

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

John B. Grier of Cartwright, Druker & Ryden, Marshalltown, for appellees Brooks and Peterson.

Michael H. Figenshaw of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellees Smith, Shaver, and Treehouse, Inc.

Gerry M. Rinden and Denny Drake of Klockau, McCarthy, Ellison & Rinden, Rock Island, Ill., for appellee Sullivan.

Considered en banc.

SCHULTZ, Justice.

The sole issue presented in this appeal is whether the dram shop civil liability statute, section 123.92, The Code, usurps a common-law negligence action against a dram shop licensee grounded on the sale of intoxicants to an intoxicated person in violation of section 123.49(1). This issue arose when plaintiff, Letha Jean Snyder, was injured in an accident in which a vehicle driven by the defendant, Merlin Gene Davenport, collided with the rear of...

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