Berenger v. Frink

McGIYERIN, Justice.

Pursuant to Iowa R.App.P. 2(a), defendants L. R. Frink, W. H. Myerly and Spencer Municipal Hospital applied for interlocutory appeal from trial court’s denial of their motion for partial summary judgment. Plaintiff Michelle Deanne Berenger, as administrator of the estate of Donald Dean Berenger, deceased, applied for permission to appeal under the same rule. We granted both applications and now affirm trial court’s denial of defendants’ motion for partial summary judgment. However, we do so for a reason other than that relied on by trial court.

This case began when Donald…