In the Matter of the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-Appellant

The majority opinion follows the rule adopted by this court in Sheik v. Hobson. In that case, decided in 1884, we summarily concluded “the punitory powers of the law ceased when [the tortfeasor] died,” and we expressed a disinclination to punish the wrongdoer’s heirs for their benefactor’s malicious conduct. Sheik v. Hobson, 64 Iowa 146, 148, 19 N.W. 875, 875-76 (1884). Although this court has continued to follow the holding announced in Sheik since it was decided, I believe the rationale supporting the rule is gravely flawed, and I therefore would reverse and remand.

While acknowledging the…