Dierking v. Bellas Hess Superstore, Inc.

MASON, Justice.

Plaintiffs Mary Dierking and her husband Marvin appeal from ruling of the trial court sustaining defendant’s motion for summary judgment in a law action brought by them against Bellas Hess Superstore, Inc., of Sioux City, Iowa. November 17, 1972, plaintiffs filed in the Woodbury District Court a petition in two counts. In count 1 Mrs. Dierking seeks to recover damages for personal injuries suffered by her in a fall in defendant’s retail store in Sioux City. In count 2 Mr. Dierking seeks damages for loss of his wife’s services. Both counts were based on the theory defendant was…