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HERSHBERGER v. BUENA VISTA COUNTY

No. 85-1207.

391 N.W.2d 217 (1986)

Mace HERSHBERGER, Appellant, v. BUENA VISTA COUNTY, Iowa, Appellee.

Supreme Court of Iowa.

July 23, 1986.

Attorney(s) appearing for the Case

Curtis L. Tideman and Dan Connell, of Connell & Duffy, P.C., Storm Lake, for appellant.

John D. Mayne, Jody A. Dible and John S. Mumford, of Mayne & Berenstein, Sioux City, for appellee.

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

CARTER, Justice.

Plaintiff, Mace Hershberger, appeals from the final judgment for the defendant county following a jury trial. He challenges rulings of the district court, rendered prior to trial under Iowa Rule of Civil Procedure 105, which removed several claims of negligence from consideration by the jury. We reverse the judgment of the district court and remand the action for a new trial.

The plaintiff alleges that he was injured while riding as a passenger...

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