# Bauer v. Dann

> Supreme Court of Iowa · August 19, 1988 · 428 N.W.2d 658

URL: https://www.frixlaw.com/law-library/cases/9524462

## Case

- **Full name:** Todd BAUER, Richard L. Bauer, and Janet Bauer, Appellants, v. Scott DANN; Thomas Dann D/B/A Tom’s Painting Service; Brad Cole and Carol Cole, Appellees
- **Court:** Supreme Court of Iowa
- **Decided:** August 19, 1988
- **Citations:** 428 N.W.2d 658; 1988 WL 87276
- **Precedential status:** Published
- **Opinion:** Dissent by Harris
- **Judges:** Larson, Harris, McGiverin, Carter
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9524462

## How later opinions describe it (automated extraction)

- holding a common law cause of action exists against a non-licensee who furnishes alcohol to a minor in violation of Iowa Code section 123.47 where the minor subsequently causes the plaintiff’s injuries

## Opinion text

HARRIS, Justice
(dissenting).
This is another in what has grown to be a list of tort suits arising from the furnishing of alcohol to persons who were or became intoxicated. Our court has been sharply divided on the question, especially on the issue of whether the legislature has preempted the field.
It seems that the question cannot be put to rest. We have made judicial pronouncements that the field is preempted by legislation. See Fuhrman v. Total Petroleum, Inc., 398 N.W.2d 807, 808-09 (Iowa 1987). There has. been at least one legislative pronouncement to the same effect. 1986 Iowa Acts ch. 1211, § 11. As soon as the ink is dry on a pronouncement of pre-emption *662 another appealing set of facts arises, coupled with a request that we fashion a new common-law theory of recovery to be appended to the limited but absolute liability the legislature designed. See Iowa Code ch. 123 (1987).
As asserted in trial court the plaintiffs’ claims were limited to theories under Iowa Code ch. 123. Defendants are social hosts. Except for our holding in Clark v. Mincks, 364 N.W.2d 226 (Iowa 1985), we have never attached liability under chapter 123 to persons who were not commercially involved in the sale or furnishing of alcohol. The legislature repudiated Clark v. Mincks by name. 1986 Iowa Acts ch. 1211, § 11.
Notwithstanding any prior judicial or legislative pronouncements the majority seems prompted to expand on the metes and bounds of liability which were fixed by the legislature. We should resist the temptation. The legislature will surely have the last word; it is entitled, so long as it acts within the framework of the Constitution, to set limits of tort liability.
I would affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9524462. Public record. Not legal advice.