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292 N.W.2d 672

Fuller v. Buhrow

Supreme Court of Iowa

Decided May 21, 1980

Supreme Court of Iowa · decided 1980-05-21

Relies on Handeland v. Brown · Stewart v. Madison

Good law ✅— No negative treatment on recordhow we know

Decided 1980-05-21

How this case has been cited

Cited by 25 later decisions — most recently February 2011 · most notably Goetzman v. Wichern (1982), Weitl v. Moes (1981)

21 state decisions

1401980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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UHLENHOPP, Justice

¶1(concurring specially in part, dissenting in part).

¶2I. While I favor the comparative negligence rule, I think that if it comes it should be ushered in by the General Assembly. This will allow substantial input by the bar and other interested groups, individually and through committees. The General Assembly is in a position to develop and adopt a comprehensive statute which not only makes the basic transition but also treats other vexing problems that accompany comparative negligence, such as those relating to contribution and indemnity. On the other hand, if the General Assembly decides to retain contributory negligence the judiciary should not “overrule” the legislature and force comparative negligence on the state. This is not a constitutional issue on which the General Assembly has no choice; it is a policy issue. I would therefore simply adhere to our pronouncement in Stewart v. Madison, 278 N.W.2d 284 (Iowa 1979).

¶3II. Under the contributory negligence doctrine I dissent from allowing loss of consortium damages of which the negligence of the injured spouse was a proximate cause, for reasons similar to those stated in my dissenting opinion in Hande-land v. Brown, 216 N.W.2d 574 (Iowa 1974).

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