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SMITH v. SHAFFER

No. 85-957.

395 N.W.2d 853 (1986)

Thelma Margaretta SMITH, on Behalf of the Estate of Kimberly Kay Smith, and Lucille Maxine Hansman, on behalf of the Estate of Michael Joseph Hansman, Appellants, v. Raymond T. SHAFFER and Susan K. Shaffer; Robert Phelps and Ida Phelps d/b/a Town Tap, Anamosa, Iowa; Curt Powell and Hazel Powell d/b/a Curt and Hazel's; Darrel Lewis, individually and as next best friend of Virgil Lee Lewis; and John Costello, individually and as next friend of Joseph Paul Costello, Appellees.

Supreme Court of Iowa.

As Amended on Denial of Rehearing December 12, 1986.

Attorney(s) appearing for the Case

Thomas J. Reilly and J. Bradley Hardman of Thomas J. Reilly Law Firm, P.C., Des Moines, for appellants.

Wayne C. Collins and Diane Kutzko of Shuttleworth & Ingersoll, Cedar Rapids, for appellees Raymond T. Shaffer and Susan K. Shaffer.

John K. Von Lackum of Elderkin, Pirnie, Von Lackum & Elderkin, Cedar Rapids, for appellees Robert Phelps and Ida Phelps.

Thomas A. Skorepa and Candy K. Mobley of Klockau, McCarthy, Ellison & Marquis, P.C., Rock Island, Illinois, for appellees Curt Powell and Hazel Powell.

Considered en banc.

HARRIS, Justice.

Plaintiffs' decedents were killed in a tragic automobile collision near Iowa City in November 1980. The pickup truck in which they had been traveling collided with an automobile which had been stolen by minors and which was being driven by an intoxicated fourteen-year-old boy. This wrongful death suit was brought against the minors' parents, two taverns the youths had visited during the evening, and the owners of the stolen car. After ruling upon...

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