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PHILLIPS v. CITY OF WAUKEE

No. 89-1820.

467 N.W.2d 218 (1991)

Linda Louise PHILLIPS, Deceased, By and Through the Duly Appointed Executor, Robert M. PHILLIPS, and Kristina L. Phillips, By and Through Robert M. Phillips, Natural Father and Next Best Friend, Appellants, v. The CITY OF WAUKEE, Iowa, and The County of Dallas, Iowa, Duly Organized Municipalities in the State of Iowa, Appellees. The CITY OF WAUKEE, Iowa, and The County of Dallas, Iowa, Third-Party Plaintiffs, v. David VAN GINKEL and Jack Van Ginkel, Third-Party Defendants.

Supreme Court of Iowa.

March 20, 1991.

Attorney(s) appearing for the Case

Marc A. Humphrey of Humphrey and Haas, P.C., Des Moines, for appellants.

Robert Koop Johnson of Whitfield, Musgrave & Eddy, Des Moines, for appellee City of Waukee, Iowa.

Carlton G. Salmons of Austin, Gaudineer, Austin, Salmons & Swanson, Des Moines, for appellee County of Dallas, Iowa.

Considered by HARRIS, P.J., and SCHULTZ, LAVORATO, NEUMAN, and ANDREASEN, JJ.

HARRIS, Justice.

This suit against a city and county1 resulted from a tragic fatal automobile accident. The suit is grounded on a claim that traffic control devices at the scene were negligently placed. The trial court entered summary judgment for the defendants and we affirm.

Near but within the city limits of Waukee, in Dallas County, Ashworth Drive intersects with University Avenue. Ashworth Drive runs north and south at this...

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