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WENDT v. COUNTY OF OSCEOLA, IOWA

Nos. 49241, 49477.

289 N.W.2d 67 (1979)

Linda WENDT, by and through her guardian, Bernadine Geiser, a.k.a. Betty Geiser and Daniel Wendt, Appellants, v. COUNTY OF OSCEOLA, IOWA, Respondent, County of Nobles, Minnesota, Respondent. Michelle DIXON, by her father and natural guardian, Ronald Dixon, and Ronald Dixon, individually, Respondents, v. Linda WENDT, Respondent, County of Osceola, Iowa, Respondent, County of Nobles, Minnesota, Respondent.

Supreme Court of Minnesota.

July 27, 1979.

Attorney(s) appearing for the Case

Grose, VonHoltum, VonHoltum, Sieben & Schmidt and Douglas E. Schmidt, Worthington, for appellants.

Gislason, Dosland, Malecki, Gislason & Halvorson and C. Allen Dosland, New Ulm, for County of Osceola, Iowa.

Erickson, Zierke, Kuderer, Myster & Wilhelm, Fairmont, for County of Nobles, Minn.

Winzenburg Halloran & Handevidt, Jackson, Berens Rodenberg & O'Connor, New Ulm, for Dixon.

Heard before YETKA, WAHL, and MAXWELL, JJ. and considered and decided by the court en banc.

WAHL, Justice.

Plaintiffs sued Osceola County, Iowa and Nobles County, Minnesota for damages suffered in a one-car accident.1 The Nobles County District Court granted Osceola County's motion to dismiss for lack of jurisdiction because it found that the county's contacts with the State of Minnesota did not meet the requirements of Minn.St. 543.19, subd. 1(b) or 1(d) (1976), and that, even if they did, the statute was not designed to permit...

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