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SECHLER v. STATE

No. 68678.

340 N.W.2d 759 (1983)

Ronald SECHLER, Administrator of the Estate of Jeffrey Sechler, Deceased, Appellant, v. STATE of Iowa, Roger Bierbaum and Lowell Essick, Appellees. STATE of Iowa, Appellee, v. GRAVES CONSTRUCTION CO., INC. of Melvin, Iowa, and Midwest Paving Co., of Sioux City, Iowa, Appellees.

Supreme Court of Iowa.

Rehearing Denied December 21, 1983.

Attorney(s) appearing for the Case

John D. Loughlin and Donavon D. Schaefer of Loughlin Law Firm, Cherokee, for appellant.

Thomas J. Miller, Atty. Gen., and Richard E. Mull, Asst. Atty. Gen., for appellees.

Considered en banc.

SCHULTZ, Justice.

This appeal requires us to determine whether the term "gross negligence" as used in Iowa Code section 306.41 is a higher degree of negligence that is subject to the defense of contributory negligence or a different kind of conduct that is immune to such defense. Section 306.41 places liability upon the agency having jurisdiction over temporarily closed roads and the person or contractors employed to carry out the construction only in the event that...

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