BATY v. BINNS

No. 83-1102.

354 N.W.2d 777 (1984)

Nannie BATY and Lloyd Baty, Appellees, v. Troy BINNS and Alma Binns, Appellants.

Supreme Court of Iowa.

September 19, 1984.


Attorney(s) appearing for the Case

Kenneth L. Keith and Lloyd E. Keith of Dull, Keith & Beaver, Ottumwa, for appellants.

W.T. Barnes of Barnes & Orsborn, P.C., Ottumwa, for appellees.

Considered by REYNOLDSON, C.J., and McCORMICK, McGIVERIN, CARTER, and WOLLE, JJ.


CARTER, Justice.

Defendants and plaintiff Nannie Baty appeal from judgment for plaintiffs in an automobile negligence action. The primary issue on appeal is whether the doctrine of pure comparative negligence established in Goetzman v. Wichern, 327 N.W.2d 742 (Iowa 1982), must be applied to a case tried to the court before that decision was filed but decided after it was filed. The district court held that it must. We affirm...

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