DAVIS v. JENNESS

No. 59863.

253 N.W.2d 610 (1977)

Harry DAVIS, Administrator of the Estate of Ruth Ann Davis, Deceased; Harry Davis, and Harry Davis, Administrator of the Estate of Wendy Davis, Deceased, Appellee, v. Marvin JENNESS, Defendant, and State of Iowa, Defendant-Appellant. Harry DAVIS, and Harry Davis, Administrator of the Estate of Wendy Davis, Deceased, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

Rehearing Denied June 27, 1977.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Stephen C. Robinson, Sp. Asst. Atty. Gen., and Joseph S. Kelly, Jr., Asst. Atty. Gen., Larry D. Spaulding, Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellant, State of Iowa.

Justus R. Miller, Miller, Miller & Miller, Cherokee, for appellees.

Heard by MOORE, C. J., and MASON, RAWLINGS, REES and McCORMICK, JJ.


REES, Justice.

We are concerned in this matter with two cases, separately tried at the trial court level but consolidated here for appeal. In both cases the plaintiff invoked the State Tort Claims Act and recovered judgments against the State of Iowa. We reverse as to both cases.

On July 5, 1973, shortly after noon, the plaintiff's decedent, his wife, Ruth Ann Davis, was operating a motor vehicle on a north-south road in O'Brien County, traveling in a southerly...

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