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HEINZ v. HEINZ

No. 01-1325.

653 N.W.2d 334 (2002)

Gail and Carroll HEINZ, Appellants, v. Roland HEINZ, Appellee.

Supreme Court of Iowa.

November 14, 2002.

Attorney(s) appearing for the Case

Stephen R. Eckley and James G. Sawtelle of Duncan, Green, Brown, Langeness & Eckley, P.C., Des Moines, for appellants.

Janice M. Thomas and Douglas A. Haag of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, L.L.P., Des Moines, for appellee.

STREIT, Justice.

Carroll Heinz seriously injured his arm while helping out on his brother Roland's farm when his arm became entangled in a speed jack. Carroll sued Roland for negligence in supplying unsafe equipment under Restatement (Second) of Torts section 392 (1965). Carroll argues the trial court erred in refusing to give an instruction based on his allegation that Roland failed to make his equipment safe for use under section 392(a). Carroll also asserts the...

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