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LUNDAY v. VOGELMANN

No. 56088.

213 N.W.2d 904 (1973)

Emmett LUNDAY, Jr., a minor, by his father and next friend, Emmett Lunday, Sr., Appellant, v. Henry VOGELMANN et al., Appellees.

Supreme Court of Iowa.

December 19, 1973.

Attorney(s) appearing for the Case

Raymond O. Snook, of Minnich & Neu, Carroll, for appellant.

P. D. Furlong, Sioux City, for appellee Denison Community School District.

Robert Kohorst, of Louis, Moore & Kohorst, Harlan, for appellee City of Denison.

Considered en banc.

McCORMICK, Justice.

The issue in this appeal is whether the notice of claim requirement of Code § 613A.5, relating to tort liability of governmental subdivisions, is unconstitutional as a denial of equal protection of the law. Trial court held it is not. We dismiss the appeal in part and affirm in part.

Plaintiff Emmett Lunday, Jr., is a minor who brings this action by his father Emmett Lunday, Sr. Defendant Henry Vogelmann is a school teacher employed...

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