RIES v. STEFFENSMEIER

No. 96-698.

570 N.W.2d 111 (1997)

Vernon RIES, Appellee, v. Wilfred STEFFENSMEIER and Andrea Steffensmeier, Appellants.

Supreme Court of Iowa.

Rehearing Denied November 25, 1997.


Attorney(s) appearing for the Case

Michael J. Coyle and Norman J. Wangberg of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellants.

Gerald J. Kucera of Tom Riley Law Firm, P.C., Cedar Rapids, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, ANDREASEN, and TERNUS, JJ.


NEUMAN, Justice.

This is an appeal from judgment entered on a jury verdict in a personal injury action pleaded on theories of employer liability and premises liability but tried solely on defendants' alleged breach of their duty of care as plaintiff's employer. The jury, though assigning fault to defendants, found no employment relationship. Because the record supports no other ground for recovery, we reverse.

Plaintiff Vernon Ries suffered a serious foot...

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