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SAGE v. JOHNSON

No. 88-600.

437 N.W.2d 582 (1989)

Mark SAGE, Steve Sage and Phyllis Sage, Appellants, v. Curtis JOHNSON and Madonna Johnson d/b/a Madonna Inn, W.R. Dunkle, Joe Katz, Robert C. Kenny, A.E. Vidis, and National Bank of Waterloo as Trustee for Robert E. Vidis, Holiday Corporation, Holiday Inns, Inc., Burton Lipman, Carl A. Nelson & Company, Bishopoolcorp., Bishop Swimming Pools, Inc., Matthew and Mae Lumetta, Appellees.

Supreme Court of Iowa.

March 22, 1989.

Attorney(s) appearing for the Case

Edward J. Gallagher, Jr., and E.J. Gallagher III of Gallagher, Langlas & Gallagher, P.C., Waterloo, and James E. Walsh, Jr. of Clark, Butler, Walsh & McGivern, Waterloo, for appellants.

John W. Holmes of Beecher, Beecher, Holmes & Rathert, H. Daniel Holm, Jr. of Ball, Kirk, Holm & Nardini, P.C., James R. Hellman of Mosier, Thomas, Beatty, Dutton, Braun & Staack, Waterloo, Donald H. Gloe of Miller, Pearson, Gloe, Burns, Beatty & Cowie, Decorah, Patrick M. Roby of Shuttleworth & Ingersoll, Cedar Rapids, Carl Arthur Henlein of Brown, Todd & Heyburn, Louisville, Ky., and H. Richard Smith of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, Des Moines, for appellees.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, CARTER, and SNELL, JJ.

LARSON, Justice.

Mark Sage was seriously injured in a diving accident which he claims was the result of his own intoxication. Mark and his parents sued several parties, including Matthew and Mae Lumetta, hosts of a party attended by Mark on the night of the accident. The suit against the Lumettas was based on their furnishing beer to Mark Sage who was then under the legal age of twenty-one. See Bauer v. Dann, 428 N.W.2d 658

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