Audubon-Exira Ready Mix, Inc. v. Illinois Central Gulf Railroad

HARRIS, Justice.

Although there are procedural discrepancies we may treat this as an interlocutory appeal from a trial court order dismissing two claims in a wrongful death suit. Harold Toepfer was killed when a truck he was driving collided with defendant’s train. Among the claims were two for loss of consortium. On defendant’s motion the trial court ruled, on the basis of our decision in Weitl v. Moes, 311 N.W.2d 259 (Iowa 1981), that the claims were not allowable. We think the claims should have been dismissed but only because by statute they belonged to decedent’s legal representative.

A…