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HAWKEYE BANK v. STATE

No. 92-1267.

515 N.W.2d 348 (1994)

HAWKEYE BANK, Administrator of the Estate of Jessica Smith, Deceased, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 25, 1994.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., and Joanne Moeller, Asst. Atty. Gen., for appellant.

Dean T. Jennings of McGinn, McGinn & Jennings, Council Bluffs, and Troyce A. Wheeler, Council Bluffs, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN, and ANDREASEN, JJ.

CARTER, Justice.

The State appeals from an adverse judgment in a tort claim action brought by the personal representative of Jessica Smith, a child who died in a playground accident at the Iowa School for the Deaf on March 1, 1989. The State contends that the district court erred in submitting the case to the jury on a theory of res ipsa loquitur and further erred in submitting certain specific grounds of negligence. Because we agree with both of these contentions...

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