Dunn v. Rose Way, Inc.

I respectfully concur in the result of division I of the majority opinion and dissent as to division II. I would affirm the rulings of the trial court.

I. The Iowa Code section 611.20 question. In McKillip v. Zimmerman, 191 N.W.2d 706, 709 (Iowa 1971), this court in a unanimous opinion held that the word “person” as used in Iowa Code section 611.20 “means only those born alive.” In Weitl v. Moes, 311 N.W.2d 259, 270-73 (Iowa 1981), we again adhered to that statutory construction. Since 1971, there has been no legislative change in the wording of section 611.20. Therefore, this court’s…