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Case No. 22-0716

For summaries from opinions prior to August, 2018, view PDF versions here

Estate of Donald L. Grove, and Karen L. Grove, Individually and as administrator of the Estate of Donald L. Grove
v.
Clinic Building Company, Inc.

Appellant

Estate of Donald L. Grove, and Karen L. Grove, Individually and as administrator of the Estate of Donald L. Grove

Appellee

Clinic Building Company, Inc.

Attorney for the Appellant

Thomas A. Palmer

Attorney for the Appellee

J. Scott Bardole

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0716
Date Published:
Feb 22, 2023
Summary

              Appeal from the Iowa District Court for Story County, John R. Flynn, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  Dissent by Vaitheswaran, P.J.  (16 pages)

              The Estate of Donald L. Grove, and Karen L. Grove, both individually and as administrator of the estate, appeal the district court’s grant of summary judgment against them in their slip and fall case.  OPINION HOLDS: Because the admissible evidence proffered did not generate a genuine question of material fact about the cause of Donald’s fall, we affirm.  DISSENT ASSERTS: I respectfully dissent.  I would conclude the evidence offered in resistance to summary judgment was admissible and generated genuine issues of material fact that precluded summary judgment.

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