ATKINS v. BAXTER

No. 87-834.

423 N.W.2d 6 (1988)

Harold ATKINS and Elsa Tuck, Individually and as Natural Parents of Christine Atkins, Appellees, v. Paul A. BAXTER, d/b/a the Outside Inn, Appellant.

Supreme Court of Iowa.

May 11, 1988.


Attorney(s) appearing for the Case

Gene R. Krekel of Hirsch, Adams, Hoth, Krekel, Putnam & Cahill, Burlington, for appellant.

Carl A. Saunders of Saunders, Humphrey, Johnson & Hoyer, Fort Madison, for appellees.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, LAVORATO and ANDREASEN, JJ.


SCHULTZ, Justice.

In this appeal we are asked to decide whether a dram shop plaintiff has been "injured in ... property" where the loss suffered is covered by insurance. The trial court ruled that the plaintiffs, Harold Atkins and Elsa Tuck, were injured in property to the extent they incurred medical and hospital expenses on behalf of their minor daughter, Christine Atkins, even though an insurance company paid most of the bills. Because we believe that this ruling...

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