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JOHNSON v. JOHNSON

No. 96-296.

564 N.W.2d 414 (1997)

Kelly JOHNSON and Joyce Johnson, Kelly Johnson, as Executor of the Estate of Ryan Johnson, and Marvin Trenary and Nancy Trenary, Individually and as Parents of Cory Trenary, Appellants, v. Marvin E. JOHNSON, Appellee.

Supreme Court of Iowa.

June 18, 1997.

Attorney(s) appearing for the Case

J. Russell Hixson of Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, for appellants.

James P. McGuire and James T. Fitzsimmons of McGuire Law Firm, P.C., Mason City, for appellee.

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

LAVORATO, Justice.

Iowa Code section 321G.18 (1993) provides that "[t]he owner and operator of an all-terrain vehicle ... is liable for any injury or damage occasioned by the negligent operation of the all-terrain vehicle...." This personal injury action was brought for the death of one child and the injury of another resulting from the negligence of an all-terrain vehicle operator. The district court instructed the jury that the all-terrain vehicle owner's liability...

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