CANIGLIA v. LARY

No. 84-1120.

366 N.W.2d 548 (1985)

Phil R. CANIGLIA, as Administrator of the Estate of Clinton DeWayne Lary, Deceased, Appellant, v. Gary Wayne LARY, Appellee.

Supreme Court of Iowa.

April 17, 1985.


Attorney(s) appearing for the Case

Daniel B. Stageman of Pogge, Root & Steege, Council Bluffs, for appellant.

Philip Willson of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellee.

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


CARTER, Justice.

Plaintiff, who is the administrator of a deceased child's estate, appeals from district court rulings on adjudication of law points and motion for summary judgment which resulted in dismissal of a damage action by the child's estate against the child's father.

The petition alleges that the plaintiff's decedent who, at the time was four years old, was suffocated in a grain trailer while a grain loading operation was being carried on by the...

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