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SUMMERHAYS v. CLARK

No. 92-1361.

509 N.W.2d 748 (1993)

Paul Thomas SUMMERHAYS, as Administrator of the Estate of Thomas Paul Summerhays, Deceased, and Paul Thomas Summerhays, Individually, Appellants, v. James CLARK, Defendant, and Steven R. Kayser and Steven R. Kayser, Inc. d/b/a 4th Street Station, Appellees.

Supreme Court of Iowa.

Rehearing Denied January 20, 1994.

As Corrected January 21, 1994.

Attorney(s) appearing for the Case

Frederick G. White, Waterloo, for appellants.

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

Considered en banc.

NEUMAN, Justice.

This interlocutory appeal tests the liability of a restaurant and its owner for the tragic aftermath of a holiday party given for the establishment's employees. The district court found as a matter of law that the restaurant did not meet the "sold and served" requirement triggering liability under our dramshop statute, Iowa Code § 123.92 (1991), and that the owner, individually, was immune from liability as a social host under Iowa Code section...

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