BROSAMLE v. MAPCO GAS PRODUCTS, INC.

No. 87-688.

427 N.W.2d 473 (1988)

Rodney BROSAMLE and Marllys Brosamle, Appellees, v. MAPCO GAS PRODUCTS, INC., d/b/a Thermogas Company, Appellant. Jeff BROSAMLE, Intervenor-Appellee, v. MAPCO GAS PRODUCTS, INC. d/b/a Thermogas Company, Appellant.

Supreme Court of Iowa.

August 17, 1988.


Attorney(s) appearing for the Case

Robert Kohorst of Kohorst Law Firm, Harlan, for appellant.

William Kevin Stoos and James R. Villone of Klass, Hanks, Stoos, and Carter, Sioux City, for appellees.

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


NEUMAN, Justice.

The sole question posed by this appeal is whether voluntary dismissal of a lawsuit against a defendant employee "with prejudice" exonerates a defendant employer who may be liable on the same claim under a theory of respondeat superior. The district court concluded that such a dismissal did not operate to release the employer from liability, and denied defense motions for directed verdict premised on that ground. We affirm.

I. The facts giving...

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