SELCHERT v. STATE

No. 86-1723.

420 N.W.2d 816 (1988)

Paula Post SELCHERT, Lynda Post and Dennis Post, Appellants, v. STATE of Iowa, City of Dubuque, and Interstate Power Company, Appellees. INTERSTATE POWER COMPANY, Third-Party Plaintiff, v. Duane R. JASPER and Ralph A. Jasper, Third-Party Defendants.

Supreme Court of Iowa.

Rehearing Denied April 8, 1988.


Attorney(s) appearing for the Case

Allan J. Carew and Robert L. Sudmeier of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellants.

Thomas J. Miller, Atty. Gen., and Robin G. Formaker, Asst. Atty. Gen., Ames, for appellee State.

Barry A. Lindahl, Dubuque, for appellee City of Dubuque.

Les V. Reddick and Stephen C. Crumpe of O'Connor & Thomas, P.C., Dubuque, for appellee Interstate Power Co.

Considered by SCHULTZ, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.


NEUMAN, Justice.

Does Iowa's comparative fault act require joinder of all potential defendants in one action? This is the question presented as plaintiffs appeal from summary judgment entered against them in the second of two personal injury lawsuits arising out of the same automobile accident. Because we are not convinced that Iowa Code chapter 668 reflects a clear legislative intent to override our permissive joinder rules, we reverse and remand for further proceedings...

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