Rippel v. J.H.M. of Waterloo, Inc.

LeGRAND, Justice.

This is a dram shop action brought by plaintiff, Randall A. Rippel, under Iowa Code section 123.92 to recover for injuries sustained by him in a single-car accident when the vehicle in which he was a passenger went out of control and struck a tree. At the end of plaintiff’s case, the trial court sustained defendant’s motion for a directed verdict on the ground the affirmative defense of assumption of risk had been established as a matter of law. We affirm the trial court.

The defendant is a corporation which owns and operates a tavern under the name of Stable Lounge. Rippel…