PERRY v. TENDAL

No. 94-1203.

538 N.W.2d 296 (1995)

Louise C. PERRY, Appellant, v. Debbie Kay TENDAL and Lars A. Tendal, Appellees.

Supreme Court of Iowa.

Rehearing Denied October 25, 1995.


Attorney(s) appearing for the Case

Paul W. Deck, Sioux City, for appellant.

Rene Charles LaPierre of Klass, Hanks, Stoos, Stoik, Mugan & Villone, Sioux City, for appellees.

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


LAVORATO, Justice.

In this single-issue appeal, we must decide whether the district court erred in submitting an imputed negligence instruction to the jury. We think it did and reverse and remand for a new trial.

Louise Perry owned a van. On September 8, 1992, Louise's son, Daniel, borrowed the van from his mother. Daniel hitched the van to a livestock trailer. Daniel then asked Lawrence Stultz, a friend of his parents, to do two errands. Stultz was to (1...

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