SHAW v. SOO LINE R. CO.

No. 89-1176.

463 N.W.2d 51 (1990)

John SHAW, Administrator of the Estate of William J. Shaw, Deceased; Laurie A. Willis, Administrator of the Estate of Dean Dennis Willis, a/k/a Dean D. Willis, Deceased, Appellants, v. SOO LINE RAILROAD CO., Joseph C. Spinso, Defendants, Swiss Valley Farms Co., Inc., f/k/a Mississippi Valley Milk Producers Assoc., and Mike's Lines, Inc., Appellees.

Supreme Court of Iowa.

November 21, 1990.


Attorney(s) appearing for the Case

Edward J. Gallagher, Jr., and Timothy C. Boller of Gallagher, Langlas & Gallagher, P.C., Waterloo, for appellants.

David L. Riley of Lindeman & Yagla, Waterloo, for appellee Swiss Valley Farms.

Michael J. Coyle and Gregg L. Owens of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellee Mike's Lines.

Considered by McGIVERIN, C.J., and SCHULTZ, LAVORATO, SNELL, and ANDREASEN, JJ.


SNELL, Justice.

This appeal concerns the question of whether a private landowner and its business invitee owe a statutory or common law duty to guard against the risk of harm from obstructed visibility. The district court granted appellees' motions for pretrial summary judgment, finding appellees owed no such duty. We transferred the case to the court of appeals which, on an evenly divided vote, affirmed the summary judgment by operation of law. We granted further...

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