BANNON v. PFIFFNER

No. 67903.

333 N.W.2d 464 (1983)

Betty BANNON, Administrator of the Estate of Gail A. Ward, Deceased, Appellant, v. Francis X. PFIFFNER, Executor of the Estate of Ann Frances Pfiffner, Deceased, Appellee.

Supreme Court of Iowa.

April 20, 1983.


Attorney(s) appearing for the Case

Donald R. Breitbach and Randal J. Nigg of Reynolds, Kenline, Breitbach, McCarthy, Clemens, McKay & Nigg, Dubuque, for appellant.

Michael J. Coyle of Fuerste, Carew, Coyle, Juergens & Sudmeier, Dubuque, for appellee.

Considered by UHLENHOPP, P.J., HARRIS, McGIVERIN, and CARTER, JJ., and LeGRAND, Senior Judge.


UHLENHOPP, Justice.

This appeal involving a collision of two cars turns on whether a fact issue was generated on the existence of a sudden emergency.

The jury could find the facts to be as follows. A valley, slightly over a half-mile in breadth, lies between two low hills on United States Highway 20 near Raymond, Iowa, east of Waterloo. Early on the afternoon of January 4, 1980, freezing rain began to fall and the highway became "kind of slushy and crunchy...

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