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CLARK v. MINCKS

Nos. 83-343, 83-1164.

364 N.W.2d 226 (1985)

Michael James CLARK and Shirley J. Clark, Individually, and Michael James Clark, Administrator of the Estate of Michelle Lynn Clark, Deceased, Appellants, v. Robert G. MINCKS, Individually and as Administrator of the Estate of Nancy Mincks, Deceased, and Gale Bogle, Defendants, and William E. Mincks and Larry Rex Mincks, Appellees. Michael James CLARK and Shirley J. Clark, Individually, and Michael James Clark, Administrator of the Estate of Michelle Lynn Clark, Deceased, Appellees, v. Robert G. MINCKS, Individually and as Administrator of the Estate of Nancy Mincks, Deceased, Defendants, Gale Bogle, Appellant, and William E. Mincks and Larry Rex Mincks, Defendants.

Supreme Court of Iowa.

March 20, 1985.

Attorney(s) appearing for the Case

Tom Riley, Peter C. Riley, and Mary K. Hoefer of Tom Riley Law Firm, Cedar Rapids, for appellants Clark.

James R. Snyder and Gregory M. Lederer of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellant Bogle.

Stephen A. Richardson, Bloomfield, for appellees William E. and Larry Rex Mincks.

Considered en banc.

UHLENHOPP, Justice.

Plaintiffs Clark assert three claims growing out of an alleged wrongful death: one against the owner and the estate of the deceased driver of the van which was involved, another against the hosts of a cookout which the deceased driver had attended, and the third against a passenger in the van. These two consolidated appeals involve the latter two claims.

The appeals present two basic tort liability questions, and come to us on the pleadings...

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