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NELSON v. RESTAURANTS OF IOWA, INC.

No. 69022.

338 N.W.2d 881 (1983)

Vivian J. NELSON, Individually, and Kelly James Nelson, a Minor, by and through his Parent, Vivian J. Nelson, Appellants, v. RESTAURANTS OF IOWA, INC., d/b/a Sirloin & Brew, Appellee.

Supreme Court of Iowa.

October 19, 1983.

Attorney(s) appearing for the Case

Robert R. Rush of Lynch, Dallas, Smith & Harman, Cedar Rapids, for appellants.

Gerry M. Rinden of Klockau, McCarthy, Ellison, Rinden & Hartsock, Rock Island, Ill., for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, LARSON, and SCHULTZ, JJ.

UHLENHOPP, Justice.

This appeal presents a single question: whether exemplary damages are recoverable under the Iowa dramshop act, section 123.92, Iowa Code (1981).

Plaintiff Vivian J. Nelson was injured in an automobile accident in Linn County on September 16, 1981. She subsequently initiated a lawsuit under section 123.92 of the Code asking actual and exemplary damages of defendant Restaurants of Iowa doing business as Sirloin & Brew. She alleged that...

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