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PAUL v. RON MOORE OIL CO.

No. 91-764.

487 N.W.2d 337 (1992)

Evan Andrew PAUL, Appellant, v. RON MOORE OIL CO. d/b/a Jiffy Mart, Appellee.

Supreme Court of Iowa.

July 22, 1992.

Attorney(s) appearing for the Case

Tom Riley and James E. Bennett of the Tom Riley Law Firm, P.C., Cedar Rapids, for appellant.

Gerry M. Rinden and Andrew M. Johnson of Wintroub, Rinden & Sens, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN, and SNELL, JJ.

CARTER, Justice.

Plaintiff, Evan Andrew Paul, appeals from an adverse summary judgment in dramshop litigation against defendant, Ron Moore Oil Co. d/b/a Jiffy Mart, a Cedar Rapids convenience store. The district court ruled that, under a 1986 amendment to Iowa Code section 123.92 (see 1986 Iowa Acts ch. 1211, § 12), plaintiff could not recover because the defendant had not "sold and served" alcohol, but instead had only sold it.

Plaintiff challenges...

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