MORRIS v. LEAF

No. 94-426.

534 N.W.2d 388 (1995)

Marsha MORRIS, Kevin Morris, and Richard Morris, Appellants, v. Jimmy Dale LEAF, Jr. a/k/a Jimmy Prince, Mark Stone, Richard Glade, and City of Des Moines, Iowa, Appellees.

Supreme Court of Iowa.

July 19, 1995.


Attorney(s) appearing for the Case

Todd E. Babich of Babich, McConnell & Renzo, P.C., Des Moines, and Joseph L. Marks of Marks, Marks & Marks, for appellants.

Douglas P. Philiph, Asst. City Atty., Des Moines, for appellees.

Considered by McGIVERIN, C.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.


LARSON, Justice.

This is an action brought to recover damages for injuries sustained when the car operated by one of the plaintiffs was struck by a driver who was attempting to elude a police officer. The district court granted summary judgment on the ground that the officer had no duty to protect the injured party from the negligent act of the fleeing motorist and that, as a matter of law, the officer's acts were not the proximate cause of the collision. We affirm...

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