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FOURNIER v. FRATERNAL ORDER OF EAGLES

No. 84-425.

368 N.W.2d 849 (1985)

Betty Jane FOURNIER, as Administrator of the Estate of Brian Keith Webber, Deceased, and Betty Jane Fournier, in her own right as Mother of Brian Keith Webber, Deceased, Plaintiffs-Appellees/Cross-Appellants, v. FRATERNAL ORDER OF EAGLES, WATERLOO AERIE NO. 764, Defendant-Appellant, Robert Anderson and Marjorie Anderson, d/b/a Airliner Lounge, Defendants-Appellees, H & F, Inc., d/b/a The Hitching Post Bar, Defendant-Appellee, Glenn Leroy Dubois, Defendant.

Court of Appeals of Iowa.

March 26, 1985.

Attorney(s) appearing for the Case

David J. Dutton and Cheryl L. Weber of Mosier, Thomas, Beatty, Dutton, Braun & Staack, Waterloo, for defendant-appellant Eagles.

C.A. Frerichs of Fulton, Frerichs, Martin & Andres, Waterloo, for plaintiffs-appellees/cross-appellants.

James Walsh, Jr., and Gail D. Fokken of Clark, Butler, Walsh & McGiverin, Waterloo, for defendants-appellees Airliner.

Michael Figenshaw and William L. Chaplin of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for defendant-appellee Hitching Post.

Heard by OXBERGER, C.J., and HAYDEN and SACKETT, JJ.

HAYDEN, Judge.

Defendant dram shop appeals from a judgment in the amount of $187,644.62 in favor of plaintiff and codefendants.

On May 15, 1981, between 11:00 and 11:15 p.m. an automobile driven by defendant Glenn Dubois struck and killed Brian Webber (a/k/a Brian Fournier), the minor son of plaintiff Betty Fournier. Dubois admitted that he had been intoxicated at the time of the accident and pled guilty to involuntary manslaughter.

Plaintiff brought...

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