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Case No. 19-0564

Ernie L. Anderson and Anthony Anderson, Co-Administrators and Personal Representatives of the Estate of Charlotte L. Anderson, Deceased
v.
Donna Bothwell, Mark Bothwell, Ashley Meeker, and Rojobo, Inc. d/b/a Doc's Road House

Appellant

Ernie L. Anderson and Anthony Anderson, Co-Administrators and Personal Representatives of the Estate of Charlotte L. Anderson, Deceased

Appellee

Donna Bothwell, Mark Bothwell, Ashley Meeker, and Rojobo, Inc. d/b/a Doc's Road House

Attorneys for Appellant

Theodore R. Boecker Jr.

Attorneys for Appellee

Michael T. Gibbons

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0564
Date Published:
Oct 07, 2020
Summary

            Appeal from the Iowa District Court for Harrison County, Richard H. Davidson, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (8 pages)

            The estate of Charlotte Anderson appeals from the district court order granting summary judgment in favor of the defendants on its claims of negligence and misconduct.  OPINION HOLDS: The behavior at issue falls under dramshop liability, which preempts common law tort claims.   Because the estate settled its dramshop claims with the bar, the district court properly granted summary judgment in favor of the bar.  And because the remaining defendants are immune from liability under the social host immunity afforded by the dramshop statute, the court properly granted summary judgment on the remaining claims. 

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