ROWLING v. SIMS

No. 05-0947.

732 N.W.2d 882 (2007)

Devin W. ROWLING, Appellant, v. Jane Louise SIMS, Appellee.

Supreme Court of Iowa.

June 8, 2007.


Attorney(s) appearing for the Case

Thomas G. Ross of Thomas G. Ross Law Office, Des Moines, for appellant.

Kenneth R. Munro of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellee.


WIGGINS, Justice.

In this case we must decide if substantial evidence supports the district court's instruction on the impossibility category of the legal excuse doctrine. Because we find substantial evidence does not support the giving of the instruction, we vacate the decision of the court of appeals, reverse the judgment of the district court, and remand the case for a new trial.

On December 19, 2000, between 4:30 p.m. and 5:30 p.m. a car accident occurred...

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