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SLAGER v. HWA CORP.

No. 87-1696.

435 N.W.2d 349 (1989)

Gary T. SLAGER and Marcia L. Slager, as Co-Conservators and Co-Guardians of John E. Slager, Appellees, v. HWA CORPORATION, d/b/a College Street Club, Appellant.

Supreme Court of Iowa.

January 25, 1989.

Attorney(s) appearing for the Case

John M. Bickel, James D. Hodges, Jr., and Diane Kutzko of Shuttleworth & Ingersoll, Cedar Rapids, for appellant.

Thomas Diehl of Leff, Leff, Leff, Haupert & Traw, Iowa City, for appellees.

Considered en banc.

LAVORATO, Justice.

The sole issue here is whether comparative fault under Iowa Code chapter 668 (1987) has any application as a defense to a dram shop action under Iowa Code section 123.92. The district court ruled it did not. We agree and affirm.

I. Background Facts and Proceedings.

The following facts, which gave rise to these proceedings, are gleaned from the petition. On August 3, 1986, the defendant, HWA Corporation, owned and operated...

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