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NEILL v. WESTERN INNS, INC.

No. 97-1462.

595 N.W.2d 121 (1999)

Richard R. NEILL and Donna Neill, Appellants, and Doris M. Swift, Individually and as Administrator of the Estate of Edwin H. Swift, Deceased, Plaintiff, v. WESTERN INNS, INC. d/b/a Ramada Inn, Appellee.

Supreme Court of Iowa.

June 3, 1999.

Attorney(s) appearing for the Case

Douglas H. Napier of Napier, Wolf & Napier, Fort Madison, for appellants.

Richard J. Sapp and John B. Tuffnell of Nyemaster, Goode, Voights, West, Hansel & O'Brien, Des Moines, for appellee.

Considered by LARSON, P.J., and LAVORATO, SNELL, TERNUS, and CADY, JJ.

TERNUS, Justice.

Plaintiff, Richard Neill, contracted Legionnaires' disease, allegedly while staying at a hotel operated by the defendant, Western Inns, Inc. He filed a joinder in the present lawsuit, which had been commenced by the estate of another hotel patron who had died of the same disease. The district court sustained Western Inns' motion to dismiss the joinder, ruling that the attempted joinder was improper. Neill appeals the district court's decision, claiming...

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