CLARK v. MILLER

No. 92-1400.

503 N.W.2d 422 (1993)

Roger CLARK and Anita Clark, Husband and Wife, Appellants, v. Leo P. MILLER, Woodbury County Sheriff; Thomas S. Mullin, Woodbury County Attorney; and Woodbury County, Iowa, A Municipal Corporation, Appellees.

Supreme Court of Iowa.

July 21, 1993.


Attorney(s) appearing for the Case

Glenn A. Metcalf of Metcalf, Thompson & Phipps, Moville, for appellants.

Douglas L. Phillips of Klass, Hanks, Stoos, Stoik & Villone, Sioux City, for appellees.

Considered by McGIVERIN, C.J., and SCHULTZ, LAVORATO, NEUMAN, and ANDREASEN, JJ.


ANDREASEN, Justice.

Iowa Code section 613A.5 (1983) required a person claiming tort damages against a governmental subdivision to commence the action within six months after injury. If the governmental subdivision received written notice describing the claim within sixty days of the incident, however, the plaintiff could commence the suit within two years after such notice. In Miller v. Boone County Hospital, 394 N.W.2d 776

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