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STARKS v. FAIRBANKS

No. 88-146.

436 N.W.2d 657 (1988)

Catherine A. STARKS, Administratrix of the Estate of Raymond L. Starks, Plaintiff-Appellee, v. Craig A. FAIRBANKS, and Nancy L. Fairbanks, Defendants-Appellants.

Court of Appeals of Iowa.

December 22, 1988.

Attorney(s) appearing for the Case

Michael J. Coyle and Norman J. Wangberg, of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for defendants-appellants.

John L. Riccolo, of Wenzel, Piersall, Riccolo & Harms, P.C., Cedar Rapids, and Michael A. Bowman, of Shimanek, Shimanek & Bowman, Montecello, for plaintiff-appellee.

Heard by HAYDEN, P.J., and SACKETT and HABHAB, JJ.

SACKETT, Judge.

The question we address is whether the payment of a judgment rendered in a dram shop action precludes plaintiff from recovery for damages for loss of spousal consortium against a tortfeasor as a result of the same accident. We determine damages for loss of spousal consortium were not included in the damages for which judgment was entered in the dram shop action and plaintiff was not precluded from recovery of those damages against the tortfeasor.<...

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