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ELEY v. PIZZA HUT OF AMERICA, INC.

No. 92-803.

500 N.W.2d 61 (1993)

William ELEY and Ruby Eley, Appellees, v. PIZZA HUT OF AMERICA, INC., Appellant.

Supreme Court of Iowa.

May 19, 1993.

Attorney(s) appearing for the Case

Joseph R. Gunderson of Duncan, Jones, Riley & Finley, P.C., Des Moines, for appellant.

Marc A. Humphrey and James R. McCreight of Humphrey and Haas, P.C., Des Moines, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and NEUMAN, JJ.

LARSON, Justice.

Plaintiffs, William and Ruby Eley, live across the street from a Pizza Hut restaurant in Des Moines. On October 21, 1988, a large crowd congregated near the Pizza Hut, and a confrontation occurred between the Eleys' adult son Dennis and members of the crowd. During this confrontation, William Eley was struck on the back of the head by a rock thrown from the vicinity of the crowd.

According to the parties' statements of fact, no one could identify...

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