Sauer v. Scott

UHLENHOPP, Justice.

This appeal involves several problems which arose in the trial of an automobile accident case.

The parties tried the case three times. The operative facts of the case are set out in an opinion on an appeal from the first trial. Sauer v. Scott, 176 N.W.2d 140 (Iowa). We will recite only such additional facts as are necessary to understand the present issues.

Plaintiff Carlos Sauer and one Judy Reif-enstahl were riding in a ear driven by Sauer’s drinking companion, defendant Thomas L. Scott. The car went into the ditch. Sauer sustained injuries; the parties disagree as to…