BERTE v. BODE

No. 03-1147.

692 N.W.2d 368 (2005)

Chad M. BERTE, Individually, and as Administrator of the Estate of Nicole Berte, Deceased, and as Guardian and Conservator of Bryan Berte, A Minor, Appellee, v. Randy Lee BODE, and Pep's, Inc., Appellant.

Supreme Court of Iowa.

February 11, 2005.


Attorney(s) appearing for the Case

Daniel E. Dekoter of Dekoter, Thole & Dawson, P.L.C., Sibley, for appellant.

Conrad F. Meis of Buchanan, Bibler, Buchanan & Gabor, Algona, for appellee.


LAVORATO, Chief Justice.

In this dramshop action, the district court denied the dramshop defendant's motion for summary judgment. The defendant admitted for the purposes of the motion that it sold and served alcoholic beverages to a patron, and as a result the patron became intoxicated. It is undisputed that shortly thereafter the intoxicated patron raped and killed another patron. In its motion, the defendant contended...

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