Volkswagen Iowa City, Inc. v. Scott's Incorporated

GARFIELD, Chief Justice.

This is a law action by Volkswagen Iowa City, Inc., tried to the court without a jury, to recover for damage to 26 used and 13 new automobiles on its parking lot caused by paint blowing onto them during the spray-painting by defendant VeDepo of a nearby new store building of defendant Scott’s Inc.

The petition alleges defendant VeDepo allowed the paint to be blown onto the automobiles and so caused the damage. It is then alleged the damage was the result of negligence of defendants, all the instru-mentalities causing it were under their exclusive control, it would not…