WERNIMONT v. STATE

No. 65336.

312 N.W.2d 568 (1981)

Victor J. WERNIMONT and Florence A. Wernimont, Appellants, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

November 25, 1981.


Attorney(s) appearing for the Case

Robert Kohorst and John C. Louis of Louis, Moore, Kohorst & Louis, Harlan, for appellant.

Thomas J. Miller, Atty. Gen., Robert W. Goodwin, Sp. Asst. Atty. Gen., and Robert J. Huber, Asst. Atty. Gen., for appellee.

Considered by LeGRAND, P. J., and HARRIS, ALLBEE, McGIVERIN and LARSON, JJ.


McGIVERIN, Justice.

Plaintiffs Victor J. and Florence A. Wernimont, husband and wife, appeal from judgment entered against them in favor of defendant State of Iowa in a tort action to recover damages after a one-vehicle accident. They contend that trial court erroneously granted defendant's motion to dismiss after plaintiffs completed their evidence. We agree and, therefore, reverse and remand for a new trial.

On January 10, 1975, plaintiff Victor Wernimont...

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