McGRUDER v. STATE

No. 87-122.

420 N.W.2d 425 (1988)

Frank McGRUDER, Appellant, v. STATE of Iowa, Iowa Department of Transportation, Appellees.

Supreme Court of Iowa.

March 16, 1988.


Attorney(s) appearing for the Case

Vance Myrabo of Masten, Myrabo & Irons, P.C., Canton, S.D., for appellant.

Thomas J. Miller, Atty. Gen., and Robin G. Formaker, Asst. Atty. Gen., Ames, for appellees.

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


LARSON, Justice.

Frank McGruder was injured in an automobile accident on December 10, 1983, allegedly due to negligence of the State of Iowa. A claim against the State was mailed to the appeal board on December 10, 1985, but was not filed by it until December 12, 1985. The appeal board denied McGruder's claim, and he challenged the ruling in district court. The State filed a special appearance based on McGruder's failure to present the claim within the two years provided...

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