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MANOR OF LAKE CITY, INC. v. HINNERS

No. 96-1786.

576 N.W.2d 592 (1998)

MANOR OF LAKE CITY, INC., Appellee, v. Edna HINNERS and Dean Hinners, Individually and as Trustee of the Edna Hinners Family Trust, Appellants.

Supreme Court of Iowa.

March 25, 1998.

Attorney(s) appearing for the Case

Jerry C. Estes of Estes Law Offices, Fort Dodge, for appellants.

James L. Kramer of Johnson, Erb, Bice, Kramer, Good & Mulholland, P.C., Fort Dodge, for appellee.

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

HARRIS, Justice.

Which party loses a claim that was overlooked in the instructions submitting a case to a jury? The clear answer is the party seeking recovery on that claim.

This is our second review in this suit brought by a residential care facility to collect for services to Edna E. Hinners. See Manor of Lake City, Inc. v. Hinners, 548 N.W.2d 573 (Iowa 1996). Following remand the trial court, on the basis of that...

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