# Henkel v. Heri

> Supreme Court of Iowa · January 24, 1979 · 274 N.W.2d 317

URL: https://www.frixlaw.com/law-library/cases/9689554

## Case

- **Full name:** Elizabeth L. HENKEL, Appellant, v. Clara HERI, as Executor of the Estate of Clarence Heri, Deceased, Appellee
- **Court:** Supreme Court of Iowa
- **Decided:** January 24, 1979
- **Citations:** 274 N.W.2d 317; 1979 Iowa Sup. LEXIS 885
- **Precedential status:** Published
- **Opinion:** Dissent by McCORMICK
- **Judges:** Rees, Harris, McCormick, McGiverin, Larson
- **Cited by:** 9 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/9689554

## How later opinions describe it (automated extraction)

- discussing extra-32113 foundational criteria for admission of blood test in civil damage action

## Opinion text

McCORMICK, Justice
(dissenting).
I respectfully dissent from division III and the result.
As noted by the court, plaintiff’s objection to Dr. Brown’s opinion alleged the record did not contain evidence of certain facts which plaintiff contended were essential to his analysis. However, the record did contain substantial evidence of all facts which Dr. Brown said were necessary. Plaintiff did not allege that Dr. Brown’s form of analysis lacked general acceptance in the scientific community. This is a different *325 issue than whether the factual foundation for the analysis existed. I would hold that plaintiff’s objection did not raise the contention she now urges and upon which the court reverses. Therefore I believe the Court of Appeals was right in affirming the trial court.
We should reserve the question whether Dr. Brown’s methodology is scientifically reliable for a case in which an appropriate objection is made so that the adversary is alerted to the issue and afforded an opportunity to attempt to meet the objection.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9689554. Public record. Not legal advice.