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HOUVENAGLE v. WRIGHT

No. 2-69249.

340 N.W.2d 783 (1983)

Shirley J. HOUVENAGLE and Thomas L. Houvenagle, Plaintiffs/Appellees/Cross-Appellants, v. Anna M. WRIGHT, Defendant-Appellant, and Des Moines Mazda-Porsche and Audi, an Iowa corporation, Defendant/Appellee/Cross-Appellee.

Court of Appeals of Iowa.

September 27, 1983.

Attorney(s) appearing for the Case

Paul C. Thune of Peddicord, Simpson & Sutphin, P.C., Des Moines, for defendant-appellant Wright.

Thomas D. Hanson of Blanchard, Cless, Hanson & Pundt, Des Moines, for plaintiffs/appellees/cross-appellants.

Roy M. Irish of Patterson, Lorentzen, Duffield, Timmons, Irish & Becker, Des Moines, for defendant/appellee/cross-appellee Des Moines Mazda.

Considered by OXBERGER, C.J., and DONIELSON, SNELL, SCHLEGEL, and HAYDEN, JJ.

OXBERGER, Chief Judge.

Defendant Anna M. Wright appeals from the trial court's grant of a new trial on claims directed against her in this personal injury tort suit arising out of a single-vehicle accident. On appeal, defendant Wright asserts that (1) there was substantial evidence from which the jury could have found that a mechanical defect in Wright's car confronted her with a "sudden emergency," so the accident was not a result of her negligence and the court...

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