CHAPMAN V. CRAIG
431 N.W.2d 770 (1988)
NATURE OF THE CASE: Chapman (P) appealed a grant of summary judgment to Craig (D) in P's
dramshop action under Iowa Code 123.92 (1985) to recover for injuries.
FACTS: Burkhead was served alcoholic beverages at the Main Street Tap. This tavern is
operated by Craig (D). Burkhead then went to Winterset and was served at the Southfork
Restaurant & Lounge. The Southfork is operated by Rogers (D). Burkhead refused to leave the
Southfork, and the police were called. Officer Chapman (P) responded to the call. Burkhead
was arrested and P was injured. Chapman brought a dramshop action under Iowa Code section
123.92 (1985) against Ds. Ds filed motions for summary judgment. The trial court granted the
Rogers' (D) motion for summary judgment, based on the fireman's rule. The trial court denied
Craig's (D) summary judgment motion, concluding that Craig (D) was a step removed from the
rule because neither he nor his employees were responsible for summoning the police nor were
the police called to the premises of the Main Street Tap. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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