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DUNCAN v. CITY OF CEDAR RAPIDS

No. 95-1392.

560 N.W.2d 320 (1997)

Preston DUNCAN, as Administrator of the Estate of Duane Duncan, Deceased, Appellant, v. The CITY OF CEDAR RAPIDS, Iowa, and Kim William Klima, Appellees.

Supreme Court of Iowa.

As Amended on Denial of Rehearing March 26, 1997.

Attorney(s) appearing for the Case

Gerald J. Kucera of the Tom Riley Law Firm, P.C., Cedar Rapids, for appellant.

William G. Nicholson and Crystal L. Usher of White & Johnson, P.C., Cedar Rapids, for appellees.

Considered en banc.

TERNUS, Justice.

Duane Duncan was severely injured after being hit by a bus owned by appellee, City of Cedar Rapids, and driven by appellee, Kim Klima. Duncan's conservator filed this action against the City and Klima, seeking damages for Duncan's injuries. After Duncan died, the administrator of his estate was substituted as plaintiff. The jury returned a verdict finding Klima not at fault and the district court entered...

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