SWANGER v. STATE

No. 88-693.

445 N.W.2d 344 (1989)

Terry SWANGER; Joan Swanger; Terry Swanger, as Parent and Next Friend of Jennifer Jo Swanger, a Minor; Terry Swanger, as Parent and Next Friend of Michael John Swanger, a Minor; Terry Swanger, as Parent and Next Friend of Chad Eric Swanger, a Minor, Appellants, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

August 16, 1989.


Attorney(s) appearing for the Case

Dennis R. Ringgenberg of Crary, Huff, Clem, Raby & Inkster, P.C., Sioux City, and John H. Hinderaker and Paul W. Heiring of Faegre & Benson, Bloomington, Minn., for appellants.

Michael R. Hellige of Shull, Cosgrove, Hellige, Kudej & Du Bray, Sioux City, and Thomas J. Miller, Atty. Gen., and John Perkins, Deputy Atty. Gen., for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, CARTER and SNELL, JJ.


McGIVERIN, Chief Justice.

Terry Swanger was injured in an automobile collision involving a State-owned vehicle. Swanger, his wife, and their three children subsequently filed tort claims with the state appeal board.1 Five months later, they withdrew their claims and filed a lawsuit in district court against the State. The district court found Swangers failed to comply with the six-month waiting period under the Iowa Tort Claims Act, Iowa...

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