FUHRMAN v. TOTAL PETROLEUM, INC.

No. 85-1564.

398 N.W.2d 807 (1987)

James FUHRMAN and Sharon Fuhrman, Husband and Wife, Edward Gehring and Marianne Gehring, Husband and Wife, Donald L. Delong and Lucile M. Delong, Husband and Wife, and Howard C. Williams and Jo Ann Williams, Husband and Wife, Appellants, v. TOTAL PETROLEUM, INC., Appellee, v. Diane REIFENSTAHL, Third-Party Defendant.

Supreme Court of Iowa.

January 14, 1987.


Attorney(s) appearing for the Case

Thomas D. Hobart of Meardon, Sueppel, Downer & Hayes, Iowa City, and Thomas Wynia, Story City, for appellants.

Raymond R. Stefani and Richard A. Stefani of Gray, Stefani & Mitvalsky, Cedar Rapids, for appellee.

Considered en banc.


HARRIS, Justice.

Few problems in recent years have so divided this court as those which relate to tort liability based on the furnishing of intoxicants, especially when the facts fall outside of Iowa's dramshop statute. This appeal presents another request that we fashion a common law tort theory to extend the right of recovery beyond the dramshop statute. Stated another way, the question here is whether the legislature, in enacting the dramshop law, intended to preempt...

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