ESTATE OF COUNTRYMAN v. FARMERS CO-OP.

No. 02-0906.

679 N.W.2d 598 (2004)

ESTATE OF Marlene R. COUNTRYMAN, by and through, Carol Marie Taylor, Beverly Joyce Gartner, and Wanda Dale Countryman, Co-Executors, Estate of Dale Countryman, by and through Carol Marie Taylor, Beverly Joyce Gartner and Wanda Dale Countryman, Co-Executors, Estate of Marjorie A. Countryman, by and through Carol Marie Taylor, Beverly Joyce Gartner and Wanda Dale Countryman, Co-Executors, Estate of Edward Cunningham, by and through Keith Cunningham, Linda J. Cunningham and Carol Marie Taylor, Co-Executors, Estate of Dorothy Cunningham, by and through Keith Cunningham, Linda J. Cunningham and Carol Marie Taylor, Co-Executors, Beverly Joyce Gartner, Bruce Gartner, Beverly Joyce Gartner, as Parent and Next Friend of Amber Gartner, Adam Gartner and Trey Gartner, Minors, Greg and Barbara Dyer, as Parent and Next Friend of Andy Dyer and Gabe Dyer, Minors, Estate of Ashley Usovsky, by and through Carol Marie Taylor, Beverly Joyce Gartner and Wanda Dale Countryman, Co-Executors, Conservatorship of Marlena Usovsky, a Minor by and through Carol Marie Taylor, Beverly Joyce Gartner and Wanda Dale Countryman, Co-Conservators, and Estate of Juanita Usovsky, by and through Gary L. Cameron, Executor, Appellants, v. FARMERS COOPERATIVE ASSOCIATION, Keota, Iowa a/k/a Keota Coop, Appellee.

Supreme Court of Iowa.

May 12, 2004.


Attorney(s) appearing for the Case

Donald G. Beattie of Beattie Law Firm, P.C., Des Moines, Christopher D. Spaulding of Berg, Rouse, Spaulding & Schmidt, P.L.C., Des Moines, and Myron Gookin, Fairfield, for appellants.

Richard S. Fry and Nancy J. Penner of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for appellee.


CADY, Justice.

This appeal requires us to decide if a member and manager of an Iowa limited liability company can be liable for torts based on managerial conduct. The district court granted summary judgment for the limited liability company. On our review, we conclude we have jurisdiction of the appeal and that the record did not support summary judgment. We reverse and remand for further proceedings.

I. Background Facts and Proceedings.

In the afternoon...

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