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EVJEN v. BROOKS

No. 84-1055.

372 N.W.2d 494 (1985)

George M. EVJEN, Administrator of the Estate of Mark Allen Evjen, Plaintiff, v. Philip D. BROOKS, Administrator of the Estate of Mark J. Pauly, Appellee, The Southland Corporation, and 7-Eleven, Mt. Vernon Road, S.E., Cedar Rapids, Iowa, Appellant.

Supreme Court of Iowa.

July 31, 1985.

Attorney(s) appearing for the Case

Craig A. Levien and Vicki L. Seeck, Davenport, for appellant.

Robert R. Rush and John C. Monroe of Lynch, Dallas, Smith & Harman, Cedar Rapids, for appellee.

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

LARSON, Justice.

Two defendants in a wrongful death case arising out of a car accident cross-claimed against the estate of the driver for indemnity or contribution. Summary judgment was entered for the estate on the ground the cross-claim was barred by the six-month limitation of Iowa Code section 633.410 (1981). We reverse.

On March 14, 1982, Mark J. Pauly, the driver, and Mark Allen Evjen, his passenger, were...

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