ORR v. CITY OF KNOXVILLE

No. 83-406.

346 N.W.2d 507 (1984)

Dwight ORR and Donna Orr, Appellants, v. CITY OF KNOXVILLE, A Municipality, Appellee.

Supreme Court of Iowa.

April 11, 1984.


Attorney(s) appearing for the Case

Fredd J. Haas of Humphrey & Haas, Des Moines, for appellants.

Mark L. Tripp and Sheila K. Tipton of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellee.

Considered en banc.


REYNOLDSON, Chief Justice.

Plaintiffs appeal the dismissal of their claim against the defendant city for failure to comply with the notice provisions of the Municipal Tort Claims Act, chapter 613A of the Code. We affirm in part, reverse in part, and remand with direction.

Plaintiffs' petition alleged Dwight Orr sustained injuries on February 12, 1981, when he fell into a hole located by a manhole and sewer drain on a Knoxville street. In count II, plaintiff...

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