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HAAFKE v. MITCHELL

No. 69483.

347 N.W.2d 381 (1984)

Richard Allen HAAFKE and Ruth Marie Haafke, Individually and As Administrators Of The Estate of Robert Gordon Haafke, Deceased, Appellants, v. Ray V. MITCHELL, a/k/a Ray V. Mitchell, Sr., Individually And d/b/a "the Sugar Bowl"; Merchants Mutual Bonding Co., Des Moines, Iowa; Dennis B. Garvis; Merle Kingsbury; Lucille Kingsbury; Connie Backman; Lee Quade; Bob Saunders a/k/a Robert L. Saunders; and Chuck Miller a/k/a Chuck E. Miller, Appellees.

Supreme Court of Iowa.

Rehearing Denied May 10, 1984.

Attorney(s) appearing for the Case

J. Allen Orr, Sioux City, for appellants.

Gerry M. Rinden and Raymond Conklin, of Klockau, McCarthy, Ellison, Rinden & Hartsock, Rock Island, Ill., for appellees.

Considered en banc.

LARSON, Justice.

Robert Haafke was killed in an automobile accident allegedly resulting from the intoxication of his host driver caused, or contributed to, by these defendants. This suit was based upon Iowa's dram shop act, Iowa Code section 123.92, and traditional principles of common-law liability. Joined as defendants were Ray V. Mitchell, a liquor licensee, as well as Garvis, Backman, Quade, and Saunders, his employees, the Kingsburys as owners of the tavern property...

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