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FORSMARK v. STATE

No. 69383.

349 N.W.2d 763 (1984)

Thomas L. FORSMARK and Patricia J. Forsmark, Appellants, v. STATE of Iowa, Appellee. Amy FORSMARK, A Minor, and Anthony Forsmark, A Minor, by Patricia J. Forsmark, Their Mother and Next Friend, Appellants, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

May 16, 1984.

Attorney(s) appearing for the Case

Don N. Kersten, Stephen Kersten, and Tito Trevino of Kersten, Opheim, Carlson & Trevino, Fort Dodge, for appellants.

William M. Tucker and Richard M. Tucker of Phelan, Tucker, Boyle & Mullen, Iowa City, and John Scott and Iris Post, Asst. Attys. Gen., for appellee.

Considered en banc.

McCORMICK, Justice.

We consolidated two appeals by plaintiffs from adverse judgment in actions against the State. The first appeal is from judgment in a medical malpractice case, and the second is from judgment in plaintiff's separate action to vacate the judgment in the first case. We reverse and remand in the second appeal. This makes the first appeal moot, and we dismiss it.

Thomas Forsmark suffered partial paralysis following a thoracic laminectomy at...

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