Legal Opinion

Summerhays v. Clark

Supreme Court of Iowa

Decided January 21, 1994No. 92-1361PublishedCited by 8 opinions

1Opinion of the Court

NEUMAN, Justice.

This interlocutory appeal tests the liability of a restaurant and its owner for the tragic aftermath of a holiday party given for the establishment’s employees. The district court found as a matter of law that the restaurant did not meet the “sold and served” requirement triggering liability under our dramshop statute, Iowa Code § 123.92 (1991), and that the owner, individually, was immune from liability as a social host under Iowa Code section 123.49(l)(a). We affirm.

Because the case reaches us on appeal from an order granting summary judgment, our task is to determine…

2Cases cited15 opinions

  1. Kelly v. Sinclair Oil Corp.Supreme Court of Iowa · 1991
  2. Slager v. HWA Corp.Supreme Court of Iowa · 1989
  3. Cowman v. HansenSupreme Court of Iowa · 1958
  4. Brown v. Monticello State Bank of MonticelloSupreme Court of Iowa · 1984
  5. Clark v. MincksSupreme Court of Iowa · 1985

10 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Horak v. Argosy Gaming Co.Supreme Court of Iowa · 2002
  2. Amended July 14, 2015 Joseph H. Sanford and Suzanna L. Sanford v. Lynn Fillenwarth and Julie Fillenwarth, as Executors of the Estate of Kenneth Fillenwarth, and James Lawler v. Cari Lawler, John Lawler, Matt Lawler, Michael Lawler, and...Supreme Court of Iowa · 2015
  3. Ernie L. Anderson and Anthony Anderson, Co-Administrators and Personal Representatives of the Estate of Charlotte L. Anderson v. Donna Bothwell, Mark Bothwell, Ashley Meeker, and Rojobo, Inc. d/b/a Doc's Road HouseCourt of Appeals of Iowa · 2020
  4. Heather Young, Del Holland, and Blake Hendrickson v. The Iowa City Community School District, Chris Lynch, LaTasha DeLoach, Brian Kirschling, and Paul RoeslerSupreme Court of Iowa · 2019
  5. Horak v. Argosy Gaming Co.Supreme Court of Iowa · 2002

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API