Community School District of Postville v. Gordon N. Peterson, Inc.

I concur in the result reached in the majority opinion filed herein, but cannot agree that it is necessary or desirable at this time to change the well-established rule announced and followed by this court in Dungy v. Benda, 251 Iowa 627, 102 N.W. 2d 170. That relatively-recent decision was recognized and approved by a unanimous court in Petersen v. Bring, 254 Iowa 288, 117 N.W.2d 509, and, although considered in Johnson v. Harnisch, 259 Iowa 1090, 147 N.W.2d 11, it was specifically not overruled. I find it unnecessary to do so here and, although I may favor some modification of that rule…