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PRELL v. WOOD

No. 85-1036.

386 N.W.2d 89 (1986)

Raymond PRELL; Leila Prell; and Tracy Prell, Troy Prell and Tina Prell, Minor Children by Leila Prell, Their Mother and Next Friend, Appellants, v. Debra Ann WOOD, Defendant, and Sac County, Iowa, Appellee.

Supreme Court of Iowa.

April 16, 1986.

Attorney(s) appearing for the Case

E.A. Jacobson, of Boerner & Jacobson, P.C., Ida Grove, for appellants.

Thomas J. Bice and James L. Kramer, of Johnson, Erb, Latham, Gibb & Carlson, P.C., Fort Dodge, for appellee.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, WOLLE, and LAVORATO, JJ.

SCHULTZ, Justice.

The fundamental issue in this appeal is whether a "rumble strip" is a "traffic control device" within the meaning of Iowa Code section 668.10 (1985). Section 668.10 exempts a municipality from tort liability for "the failure to place, erect, or install... a traffic control device." In its ruling on a motion for judgment on the pleadings, the district court determined defendant Sac County was exempt from liability for failing to install rumble strips...

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