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GAIL v. CLARK

No. 86-493.

410 N.W.2d 662 (1987)

Rickie Dean GAIL, Janet Gail, Amanda Kay Gail, by her next friend, Rickie Dean Gail, and Neal Bryan Gail, by his next friend, Rickie Dean Gail, Appellees, v. Ronald Roland CLARK, a/k/a Ronald Roland Heslop, a/k/a Ronald Roland Helsop, and 7-Eleven Stores, Defendants, and Western Convenience Stores, Appellant.

Supreme Court of Iowa.

Rehearing Denied August 18, 1987.

Attorney(s) appearing for the Case

Raymond R. Stefani and Raymond R. Stefani II of Gray, Stefani & Mitvalsky, Cedar Rapids, for appellant.

Roxanne Barton Conlin and Dennis P. Ogden of James, Galligan and Conlin, P.C., Des Moines, for appellees.

Considered by REYNOLDSON, C.J., and HARRIS, LARSON, SCHULTZ, and LAVORATO, JJ.

LAVORATO, Justice.

In this personal injury action the district court entered judgment, based on a jury's verdict, against the defendant, Western Convenience Stores (Western). Western now appeals and raises a number of issues for our consideration. Western asserts the district court erred in overruling its various pretrial and in-course-of-trial motions predicated on the fireman's rule and the assumption of risk defense...

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