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FALADA v. TRINITY INDUSTRIES, INC.

No. 99-1945.

642 N.W.2d 247 (2002)

Betty FALADA, Executor of the Estate of James Falada, Deceased, Appellant, v. TRINITY INDUSTRIES, INC., Appellee.

Supreme Court of Iowa.

February 27, 2002.

Attorney(s) appearing for the Case

Joseph P. Braun and Judith M. O'Donohoe of Elwood, O'Donohoe, O'Connor & Stochl, Cresco, for appellant.

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

LARSON, Justice.

James Falada was killed when an anhydrous ammonia tank ruptured. The executor of his estate sued Trinity Industries, Inc., manufacturer of the tank, alleging it was "defective in design and manufacture, [and] was unreasonably dangerous to the user or consumer when used in a reasonably foreseeable manner...." Trinity moved to dismiss on service-of-notice grounds and also moved for summary judgment, based on its claim the tank was damaged in a prior...

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