Iowa Code » Chapter 668 — LIABILITY IN TORT — COMPARATIVE FAULT
Iowa Code

Iowa Code § 668.2 (2026)

Party defined

✓ current as of July 2026
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As used in this chapter, unless otherwise required, “party” means any of the following:

1. A claimant.

2. A person named as defendant.

3. A person who has been released pursuant to section 668.7.

4. A third-party defendant. 84 Acts, ch 1293, §2 Referred to in §516A.5, 668.5 \n

Notes of Decisions
Cited in 18 cases, 1986–2020 · leading case: Spaur v. Owens-Corning Fiberglas Corp., 510 N.W.2d 854 (Iowa 1994).
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Spaur v. Owens-Corning Fiberglas Corp., 510 N.W.2d 854 (Iowa 1994). · cites it 2× “Iowa Code § 668.2 (1991). The Spaurs included Manville Trust as a named defendant in their original petition for damages.”
Lee v. Small, 829 F. Supp. 2d 728 (N.D. Iowa 2011). · cites it 5× “In the alternative, Lee argues that fault cannot be allocated to his medical providers pursuant to Iowa Code §§ 668.2 and 668.8, because they are non-parties.”
Brown v. Kassouf, 558 N.W.2d 161 (Iowa 1997). · cites it 2× “See Iowa Code § 668.2 (1) (1990) (defining “party” as a claimant).”
Payne Plumbing & Heating Co. v. Bob McKiness Excavating & Grading, Inc., 382 N.W.2d 156 (Iowa 1986). “1293, § 2 (codified as Iowa Code § 668.2 (1985)). McKiness cites cases from other jurisdictions which have allowed consideration of the negligence of what McKiness characterizes as “phantom defendants” under circumstances analogous to these.”
Jahn v. Hyundai Motor Co., 773 N.W.2d 550 (Iowa 2009). “Iowa Code §§ 668.2 , .7 (2003). Further, the Jahns admit that Burke’s fault was a proximate cause of the accident and a proximate cause of Jahn’s injuries.”
Kragel v. Wal-Mart Stores, Inc., 537 N.W.2d 699 (Iowa 1995). “Iowa Code § 668.2 (1991). Iowa Code section 668.”
Vasquez v. LeMars Mut. Ins. Co., 477 N.W.2d 404 (Iowa 1991). “See Iowa Code § 668.2 . Here the claim is essentially á contractual one.”
Baker v. City of Ottumwa, 560 N.W.2d 578 (Iowa 1997). “See Iowa Code § 668.2 (defining “party” to include claimant, person named as defendant, a person released pursuant to section 668.”
Peterson v. Pittman, 391 N.W.2d 235 (Iowa 1986). “See also Iowa Code § 668.2 (party in comparative fault suit defined as claimant, defendant, person released, and third-party defendant).”
Mermigis v. Servicemaster Indus., Inc., 437 N.W.2d 242 (Iowa 1989). “Initially, we note Des Moines General Hospital was not a named party to plaintiff’s personal injury action, see Iowa Code § 668.2 , nor was it a released party as contemplated under section 668.”
Dumont v. Keota Farmers Coop., 447 N.W.2d 402 (Iowa Ct. App. 1989). · cites it 2× “See Iowa Code § 668.2 (3) (1989). That determination was not made by the trial court.”
Timbrook v. Metzeler Auto. Profile Sys. Iowa, Inc., 209 F.R.D. 154 (S.D. Iowa 2002). · cites it 2× “See Iowa Code § 668.2 . If the plaintiff elects not to sue a potential joint tortfeasor, the defendant may enforce a right of contribution by bringing a third-party claim or by subsequent action.”
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