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CALLAS v. CITY OF OTTUMWA

No. 90-1424.

477 N.W.2d 371 (1991)

Jerry W. CALLAS, Sr.; Betty Callas; and Jerry W. Callas, Jr., by His Guardian, Jerry W. Callas, Sr., Appellees, v. CITY OF OTTUMWA, Iowa, and Rod Stevens, Appellees, State of Iowa ex rel. Department of Human Services, Intervenor-Appellant.

Supreme Court of Iowa.

November 20, 1991.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., and Stephen C. Robinson, Asst. Atty. Gen., for appellant.

Thomas M. Walter of Johnson, Hester & Walter, Ottumwa, for appellee Rod Stevens.

Marion H. Pothoven and Randall C. Stravers of Pothoven, Blomgren & Stravers, Oskaloosa, for appellee City of Ottumwa.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and SNELL, JJ.

LARSON, Justice.

Jerry W. Callas, Jr. was injured when his motorcycle collided with a police car owned by the City of Ottumwa and operated by officer Rod Stevens. Callas sued Stevens and the City for damages, which included substantial medical expenses. The Department of Human Services (DHS), which had paid in excess of $125,000 toward Callas' medical expense, filed a petition of intervention to assert its right of subrogation. See Iowa Code § 249A.6 ...

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