Bindel Ex Rel. Bindel v. Iowa Manufacturing Co. of Cedar Rapids

MOORE, Chief Justice.

This is an appeal from the trial court’s order sustaining defendant’s motion to dis miss plaintiff’s three-division petition seeking personal injury damages. We reverse and remand.

The record before us consists of a copy of plaintiff’s petition, defendant’s motion to dismiss asserting plaintiff failed to state any claim upon which any relief could be granted and the lower court’s ruling sustaining defendant’s motion in toto.

After the lower court’s ruling plaintiff did not plead over within the time permitted by rule 86, Rules of Civil Procedure, from which it follows…