Legal Opinion · Dissent

Matter of Estate of Parsons

Supreme Court of Iowa

Decided November 22, 1978No. 60841Published

1DissentAllbee, Justice

The result reached by the court is not consistent with the prior case law of this state. It depends instead upon cases of other states which are based on premises in conflict with the law of Iowa. I therefore dissent.

*20The question is whether apportionment of wrongful death damages involves substantive or remedial law. The consequences of this determination are these: if the statute is substantive, it is, in the absence of a clear expression of contrary legislative intent, to apply prospectively only. If the statute is remedial, however, it is presumed to apply to actions pending at the time of…

2Cases cited26 opinions

  1. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  2. McKibben v. MallorySupreme Court of Florida · 1974
  3. Young v. City of Des MoinesSupreme Court of Iowa · 1978
  4. Fabricius v. HorgenSupreme Court of Iowa · 1965
  5. State Ex Rel. Turner v. LimbrechtSupreme Court of Iowa · 1976

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