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Hawthorne v. Estate of Krommenhoek

Court of Appeal of Iowa

June 12, 2013

MICHAEL HAWTHORNE and LENA HAWTHORNE, Plaintiffs-Appellants,
v.
ESTATE OF JONATHON KROMMENHOEK, Deceased, RYAN ROSS, Administrator; STEPHANIE FERDIG; MARVIN J. STONE; THERESA FERDIG; MONTERREY II, LLC, d/b/a MONTEREY, Defendants, LAVI 2, INC., d/b/a CORNER POCKET, Defendant-Appellee. JOHN MALAISE, Plaintiff-Appellant,
v.
ESTATE OF JONATHON KROMMENHOEK, Deceased, RYAN ROSS, Administrator; STEPHANIE FERDIG; MARVIN J. STONE; THERESA FERDIG; MONTERREY II, LLC, d/b/a MONTEREY, Defendants, LAVI 2, INC., d/b/a CORNER POCKET, Defendant-Appellee. CHERYL K. KLEIN, Plaintiff-Appellant,
v.
ESTATE OF JONATHON KROMMENHOEK, Deceased, RYAN ROSS, Administrator; STEPHANIE FERDIG; MARVIN J. STONE;THERESA FERDIG; MONTERREY II, LLC, d/b/a MONTEREY, Defendants, LAVI 2, INC., d/b/a CORNER POCKET, Defendant-Appellee.

Appeal from the Iowa District Court for Woodbury County, James D. Scott, Judge.

Plaintiffs Michael Hawthorne, Lena Hawthorne, John Malaise, and Cheryl Klein appeal from the district court ruling granting defendant Corner Pocket's motion for summary judgment.

Thaddeus Cosgrove of Cosgrove Law Firm, Ida Grove, for appellant Malaise.

Phil Redenbaugh of Law Offices of Phil Redenbaugh, P.C.. & Ryan A. Mohr, Storm Lake, for appellants Hawthorne.

Dennis J. Mahr of Law Offices of Dennis J. Mahr, Sioux City, for appellant Klein.

Ryan M. Clark and Jason W. Miller of Patterson Law Firm, L.L.P., Des Moines, for intervenor appellants Ida County and IMWCA.

Guy R. Cook and Adam D. Zenor of Grefe & Sidney, P.L.C., Des Moines, for appellee.

Considered by Eisenhauer, C.J., and Danilson and Bower, JJ.

BOWER, J.

Michael Hawthorne, Lena Hawthorne, John Malaise, and Cheryl Klein (collectively "Plaintiffs") appeal from the district court ruling granting defendant Corner Pocket's (Corner Pocket) motion for summary judgment. Plaintiffs argue the district court erred in finding no question of material fact existed as to whether Corner Pocket sold and served alcohol to a particular patron. Because we agree with the district court that alcohol was not sold and served by Corner Pocket to the individual in question, we affirm.

I. Background Facts and Proceedings

This case stems from a tragic automobile accident, which occurred on January 29, 2009. It is alleged that the accident was caused by Jonathon Krommenhoek (Krommenhoek) after he was sold and served alcohol at the Corner Pocket bar. The parties are in agreement on most of the facts and course of events that preceded the accident.

On the morning of January 29, 2009, Krommenhoek spent the day with his girlfriend, Stephanie Ferdig (Ferdig). They started the day at a Mexican restaurant eating lunch and drinking margaritas.[1] Following their lunch and drinks, Ferdig left Krommenhoek at her apartment while she ran errands.[2] She does not know how he spent this time. Approximately two hours later, after her return, the couple stayed in her apartment and smoked marijuana. An hour later, the couple left together and drove to Ferdig's mother's house to meet her brother and uncle. No one consumed any alcoholic beverages during this period.

At approximately eight in the evening, Krommenhoek, Ferdig, as well as her brother and uncle, left the home and traveled to the Corner Pocket. Of the four individuals spending the evening together, only Ferdig and her uncle were of legal age to purchase alcohol. During the two hours the four individuals were at the Corner Pocket, four or five pitchers of beer were purchased and ...


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