Nelson v. Restaurants of Iowa, Inc.

UHLENHOPP, Justice.

This appeal presents a single question: whether exemplary damages are recoverable under the Iowa dramshop act, section 123.92, Iowa Code (1981).

Plaintiff Vivian J. Nelson was injured in an automobile accident in Linn County on September 16, 1981. She subsequently initiated a lawsuit under section 123.92 of the Code asking actual and exemplary damages of defendant Restaurants of Iowa doing business as Sirloin & Brew. She alleged that just before the accident the driver of the car in which she was a passenger was served alcoholic beverages while intoxicated or to the point of…