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ESTATE OF DYER v. KRUG

No. 93-1907.

533 N.W.2d 221 (1995)

ESTATE OF Olive Iona DYER, Deceased, By Patricia Lirot, Her Daughter and Administrator, Appellant, v. Glenn C. KRUG, D.L. Manlove, and Alan P. Skora, Defendants, Davenport Medical Center, Inc. d/b/a Davenport Medical Center, Appellee.

Supreme Court of Iowa.

May 24, 1995.

Attorney(s) appearing for the Case

Glenn L. Norris and George F. Davison, Jr., of Hawkins & Norris, Des Moines, and Norman D. Tucker of Sommers, Schwartz, Silver & Schwartz, Southfield, MI, for appellant.

Samuel S. McHard and Stephen T. Fieweger of Katz, McAndrews, Balch, Lefstein & Fieweger, P.C., Rock Island, IL, for appellee.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL, and TERNUS, JJ.

TERNUS, Justice.

Patricia Lirot filed this action on behalf of the plaintiff, the estate of Olive Iona Dyer, seeking damages for the wrongful death of Dyer. Lirot sued in her capacity as the purported administrator of Dyer's estate and as Dyer's daughter. In sustaining a motion to dismiss, the district court ruled that Lirot had not been appointed the legal representative of the estate and had no standing as the decedent's daughter to file a wrongful death claim for...

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