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BURTON v. METROPOLITAN TRANSIT AUTHORITY

No. 93-1963.

530 N.W.2d 696 (1995)

Shumaine BURTON, by His Co-Conservators, Hawkeye Bank of Des Moines and Lovella White Agnew, and Lovella White Agnew, Individually, Appellants, v. DES MOINES METROPOLITAN TRANSIT AUTHORITY, Appellee.

Supreme Court of Iowa.

April 26, 1995.

Attorney(s) appearing for the Case

Michael J. Galligan, Timm W. Reid, and James A. Albert of the Michael J. Galligan Law Firm, P.C., Des Moines, for appellants.

James R. Bowers of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, for appellee.

Considered en banc.

SNELL, Justice.

Shumaine Burton was injured by a car that struck him after he left a city bus and attempted to cross the street. Shumaine, by his representatives, sued the defendant, Des Moines Metropolitan Transit Authority, claiming that the MTA was negligent and caused the accident. The trial court held as a matter of law that neither assertion could be established. Plaintiffs appeal; we affirm.

I. Factual Background

On Saturday, February 9, 1991...

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