Legal Opinion

Schonberger v. Roberts

Supreme Court of Iowa

Decided May 23, 1990No. 89-800PublishedCited by 22 opinions

1Opinion of the Court

HARRIS, Justice.

When the legislature, in two separate statutes, prohibits the application of a rule of common law we are clearly obliged to yield to the mandate. The question here is whether we should give the mandate double effect. This appeal calls for interpretation of an Iowa statute which is in part designed to deal with a situation already controlled by another statute. A literal interpretation of the latter statute, in view of the prior one, would call for doubling an intended reduction in tort recoveries. We believe the goal of the two statutes should be fully realized, but only once.…

2Cases cited12 opinions

  1. Graham v. WorthingtonSupreme Court of Iowa · 1966
  2. Harden v. StateSupreme Court of Iowa · 1989
  3. Baldwin v. City of WaterlooSupreme Court of Iowa · 1985
  4. Metier v. Cooper Transport Co., Inc.Supreme Court of Iowa · 1985
  5. Welp v. Iowa Department of RevenueSupreme Court of Iowa · 1983

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

3Cited by22 opinions

  1. Graber v. City of AnkenySupreme Court of Iowa · 2000
  2. Pexa v. Auto Owners Insurance Co.Supreme Court of Iowa · 2004
  3. John Giza v. Bnsf Railway CompanySupreme Court of Iowa · 2014
  4. Kuta v. NewbergSupreme Court of Iowa · 1999
  5. Sladek v. K Mart Corp.Supreme Court of Iowa · 1992

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

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