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HILDENBRAND v. COX

No. 84-1031.

369 N.W.2d 411 (1985)

Janice Lynn HILDENBRAND, as Administrator of the Estate of Roger Dean Hildenbrand, deceased, Appellant, v. Jerry COX, Individually and in his official capacity; City of Corydon, Iowa, an Iowa municipality, Appellees, and Kelly's Place, Ltd., an Iowa corporation, Defendant.

Supreme Court of Iowa.

June 19, 1985.

Attorney(s) appearing for the Case

Bruce Graham of Shelton, P.C., Chariton, for appellant.

Larry D. Spaulding and Bruce G. Kelley of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellees.

Alfredo G. Parrish, Des Moines, for appellee Jerry Cox.

Considered by McCORMICK, P.J., and McGIVERIN, SCHULTZ, CARTER and WOLLE, JJ.

WOLLE, Justice.

On March 24, 1983, Corydon police officer Jerry Cox investigated an accident in which an automobile driven by Roger D. Hildenbrand collided with a flower pot in the town square of Corydon, Iowa. Cox suspected intoxication, conducted a field sobriety test, then decided not to arrest Hildenbrand but instead issued him a citation for failing to have his vehicle under control. Hildenbrand drove his automobile...

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