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POYZER v. McGRAW

No. 83-1353.

360 N.W.2d 748 (1985)

Jay L. POYZER, Appellee, v. Dorothy McGRAW, Dale McGraw, and Verle McGraw, Appellants.

Supreme Court of Iowa.

Rehearing Denied February 18, 1985.

Attorney(s) appearing for the Case

Thomas D. Hanson and Barry A. Russell of Hanson, Bjork & Russell, Des Moines, for appellants.

Francis Fitzgibbons, Joseph L. Fitzgibbons and Harold W. White of Fitzgibbons Bros., Estherville, for appellee.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ, and WOLLE, JJ.

HARRIS, Justice.

This was a personal injury suit by an employee of a farm partnership. The worker was seriously injured by a gas explosion and fire in a house furnished to him as a part of his employment. The partners defended in part on the ground that plaintiff's exclusive remedy was workers' compensation. See Iowa Code section 85.20 (1983). The case was however submitted on the theory that the employing partnership was a separate entity and that the individual...

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