HAGENOW v. SCHMIDT

No. 12-1192.

842 N.W.2d 661 (2014)

Dennis H. HAGENOW and Rosalee A. Hagenow, Appellants, v. Betty L. SCHMIDT, Appellee.

Supreme Court of Iowa.

February 7, 2014.


Attorney(s) appearing for the Case

James W. Carney and George W. Appleby V of Carney & Appleby, P.L.C., Des Moines, for appellants.

Samuel C. Anderson of Swisher & Cohrt, P.L.C., Waterloo, for appellee.


WATERMAN, Justice.

In this appeal, we revisit the doctrine of legal excuse and the sudden emergency defense, as applied to a rear-end collision the jury could have found was caused by defendant's stroke and resulting partial loss of vision. Plaintiffs' truck was stopped at a red light in good weather when it was struck by defendant's car. Defendant saw the red light but denied seeing plaintiffs' vehicle. At the emergency...

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