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REILLY v. ANDERSON

No. 04-1825.

727 N.W.2d 102 (2006)

Nicholas REILLY, Dennis Reilly, and Marcia Reilly, Appellees, v. Christopher J. ANDERSON, Michael M. Anderson, and IMT Insurance Company, Appellants, Alan J. Naughton and Richard Naughton, Appellees.

Supreme Court of Iowa.

Rehearing Denied February 21, 2007.

Attorney(s) appearing for the Case

John B. Grier of Cartwright, Druker & Ryden, Marshalltown, for appellant IMT Insurance Company.

Brian Yung of Klass Law Firm, L.L.P., Sioux City, for appellants Andersons.

John M. Trewet of Rutherford, Trewet & Knuth, Atlantic, for appellees Reillys.

William H. Roemerman of Crawford, Sullivan, Read & Roemerman, P.C., Cedar Rapids, for appellees Naughtons.

CADY, Justice.

In this case, we must primarily decide whether the theory of concerted action is compatible with our statutory comparative fault principles. We hold the theory of concerted action, despite requiring joint and several liability among concerted actors, is compatible with Iowa's Comparative Fault Act (CFA). We reverse the district court's decision holding otherwise, and remand for a new trial.

I. Background Facts and Proceedings.<...

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