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THAVENET v. DAVIS

No. 97-498.

589 N.W.2d 233 (1999)

Dwayne M. THAVENET, Teri Thavenet, Adam Thavenet, Kylie Thavenet, and Jason Thavenet, Minors, By Their Parent and Next Friend, Teri Thavenet, Appellants, v. Charles DAVIS, Appellee, and William B. Wilcox and Road Runner Distributing Service, Inc., Defendants.

Supreme Court of Iowa.

February 17, 1999.

Attorney(s) appearing for the Case

Daniel D. Bernstein of William J. Bribriesco & Associates, Bettendorf, for appellants.

John W. Hayek and Joseph T. Moreland of Hayek, Hayek & Brown, L.L.P., Iowa City, for appellee.

Considered en banc.

SNELL, Justice.

This case is reviewed further by our court following a decision by the Iowa Court of Appeals that affirmed a jury verdict in defendant's favor. We now vacate the decision of the court of appeals, reverse the judgment of the district court, and remand for a new trial.

I. Background Facts and Proceedings

On February 14, 1995, Dwayne Thavenet was driving east on Interstate 80 near Iowa City when a truck driven by Charles Davis, traveling...

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