NELSON v. TODD'S LTD.

No. 87-60.

426 N.W.2d 120 (1988)

Ingrid NELSON and Dale Nelson, Appellees, v. TODD'S LTD., Appellant.

Supreme Court of Iowa.

June 15, 1988.


Attorney(s) appearing for the Case

John M. Wharton and Fred L. Morris, Des Moines, and Thomas C. Farr, West Des Moines, for appellant.

Nick Critelli and Jacques D. Schira of Nick Critelli, P.C., Des Moines, for appellees.

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


McGIVERIN, Chief Justice.

Plaintiffs, Ingrid and Dale Nelson, filed this action against defendant, Todd's Ltd., alleging breach of express warranty and premising their petition in the alternative on the theory of strict liability in tort. The trial court submitted both theories to the jury. The court of appeals reversed, stating that the strict liability count should not have been submitted to the jury, and remanded for a new trial. We granted further review. We now...

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