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ANDERSON v. MILLER

No. 94-1761.

559 N.W.2d 29 (1997)

Cheryl ANDERSON, Executor of the Estate of Jay Jacobsen, Deceased, Appellant, v. Dwayne Dudley MILLER and Jack D. Miller, Appellees.

Supreme Court of Iowa.

February 19, 1997.

Attorney(s) appearing for the Case

Joseph B. Reedy, Council Bluffs, for appellant.

David F. McCann of Dippel & McCann, P.C., Council Bluffs, for appellees.

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

LARSON, Justice.

Two nineteen-year-olds, Jay Jacobsen and Dwayne Miller, were involved in a one-vehicle accident in Council Bluffs. Jacobsen died as a result of the accident. His mother, as executor of his estate, sued Dwayne Miller as the principal user and alleged driver, and Jack Miller, the owner of the pickup. The defendants filed a motion for summary judgment on the bases that (1) the plaintiff failed to generate an issue of fact to support her claim that Dwayne...

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