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GOLDEN v. O'NEILL

No. 83-1588.

366 N.W.2d 178 (1985)

Harlan Dale GOLDEN, Jr., Appellant, v. Gary O'NEILL, Defendant, Jim O'Neill, a/k/a James I. O'Neill and Jim O'Neill, a/k/a James I. O'Neill, d/b/a O'Neill's Tavern, Appellee.

Supreme Court of Iowa.

April 17, 1985.

Attorney(s) appearing for the Case

Richard O. McConville of Scalise, Scism, Sandre & Uhl, Des Moines, and Thomas R. Mohrhauser, Mapleton, for appellant.

Considered by UHLENHOPP, P.J., and McCORMICK, SCHULTZ, CARTER and WOLLE, JJ.

SCHULTZ, Justice.

The sole issue presented in this appeal is whether the dram shop civil liability statute, Iowa Code section 123.92, preempts actions against licensees grounded either on negligent failure to provide safe premises for patrons or on assault and battery by an employee under the theory of respondeat superior. The trial court held that section 123.92 provides the exclusive remedy against a licensee and dismissed counts against a licensee grounded on negligence...

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