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ESTATE OF OSWALD v. DUBUQUE COUNTY

No. 93-298.

511 N.W.2d 637 (1993)

ESTATE OF Judith Irene OSWALD, Plaintiff-Appellant, v. DUBUQUE COUNTY, Iowa, Defendant-Appellee. John A. OSWALD, As Administrator of the Estate of Leroy Emil Oswald, Deceased, Plaintiff-Appellant, v. DUBUQUE COUNTY, Iowa, Defendant-Appellee.

Court of Appeals of Iowa.

November 29, 1993.

Attorney(s) appearing for the Case

Charles H. Jacobs, Dubuque, and Brian W. Peters of Healey & Peters, Dubuque, for appellant Judith Oswald Estate.

Robert L. Day, Jr., Dubuque, for appellant Leroy Oswald Estate.

Angela C. Simon and David L. Hammer of Hammer, Simon & Jensen, Dubuque, for appellee.

Heard by SCHLEGEL, P.J., HABHAB, J., and PERKINS, S.J.

SCHLEGEL, Presiding Judge.

In this consolidated appeal seeking damages for personal injury and resulting death, the plaintiff estates of Judith and LeRoy Oswald appeal the district court's judgment granting defendant Dubuque County's motion for summary judgment. The plaintiffs contend the district court erred in: (1) treating the county's motion as a supported motion for summary judgment; (2) finding that the facts were insufficient to support a theory of recovery...

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