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HARTIG v. FRANCOIS

No. 95-1715.

562 N.W.2d 427 (1997)

Richard J. HARTIG, Appellee, v. Thomas FRANCOIS d/b/a Thomas Francois Masonry, Appellant.

Supreme Court of Iowa.

April 23, 1997.

Attorney(s) appearing for the Case

Samuel C. Anderson of Swisher & Cohrt, P.L.C., Waterloo, for appellant.

Robert L. Sudmeier and Norman J. Wangberg of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, SNELL, and TERNUS, JJ.

TERNUS, Justice.

Plaintiff, Richard Hartig, contracted with T. Curt Francois (Curt), the son of defendant, Thomas Francois (Francois), for the construction of a retaining wall. Francois worked on a portion of the project. When the retaining wall subsequently collapsed, Hartig sued Curt and Francois, claiming the wall was defectively designed and constructed. Francois was originally dismissed from the suit on a summary judgment motion. The case proceeded to trial,...

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