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Clinkscales v. Nelson Securities, Inc.

Iowa Supreme Court
697 N.W.2d 836 (2005)


Facts

James Clinkscales (plaintiff) was at The Gallery, a bar owned by Nelson Securities, Inc. (defendant). The Gallery’s gas grill caught fire as a result of an unattended gas leak. Clinkscales, a Marine who had received fire suppression training, rushed toward the grill and turned off the gas. While he was doing so, the fire flared up, causing him injury. Clinkscales brought a negligence suit against Nelson. The trial court held that Clinkscales’s attempt to turn off the gas was a superseding cause that shielded Nelson from liability. The court of appeals affirmed. Clinkscales appealed, arguing that the rescue doctrine should apply.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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