ROUSE v. STATE

No. 84-969.

369 N.W.2d 811 (1985)

Beth J. ROUSE, As Administrator of the Estate of John Douglas Rouse, Deceased, Appellee, v. STATE of Iowa, Appellant, Iowa State Conservation Commission and Chariton Valley R C & D, Defendants.

Supreme Court of Iowa.

June 19, 1985.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Charles Lavorato, Asst. Atty. Gen., for appellant.

William L. Shelton and Richard L. Ambelang, Chariton, for appellee.

Considered by REYNOLDSON, C.J., and McCORMICK, SCHULTZ, CARTER, and WOLLE, JJ.


McCORMICK, Justice.

Judgment for $37,194.22 was entered against the State in this wrongful death action brought pursuant to the Iowa Tort Claims Act by Beth J. Rouse, administrator of the estate of John Douglas Rouse. In this appeal the State contends the trial court erred in rejecting its defense that the decedent was an employee of the state and thus limited to a workers' compensation recovery. See Iowa Code § 85.20 (1979). In her cross-appeal the administrator...

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