Paul v. Ron Moore Oil Co.

CARTER, Justice.

Plaintiff, Evan Andrew Paul, appeals from an adverse summary judgment in dramshop litigation against defendant, Ron Moore Oil Co. d/b/a Jiffy Mart, a Cedar Rapids convenience store. The district court ruled that, under a 1986 amendment to Iowa Code section 123.92 {see 1986 Iowa Acts ch. 1211, § 12), plaintiff could not recover because the defendant had not “sold and served” alcohol, but instead had only sold it.

Plaintiff challenges the district court’s ruling on three grounds: (1) that there is a genuine issue of material fact concerning whether defendant’s activities might…