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KOLBE v. STATE

No. 02-0411.

661 N.W.2d 142 (2003)

Charles L. KOLBE and Karen S. Kolbe, Appellants, v. STATE of Iowa, Alan E. Kimura, and H. Culver Boldt, Appellees.

Supreme Court of Iowa.

May 7, 2003.

Attorney(s) appearing for the Case

Wythe Willey of Wythe Willey Law Office, Cedar Rapids, and Matt J. Reilly of White & Johnson, P.C., Cedar Rapids, for appellants.

James E. Shipman and Allison M. Heffern of Simmons, Perrine, Albright & Ellwood, P.L.C., Cedar Rapids, and Richard M. Tucker of Phelan, Tucker, Mullen, Walker, Tucker & Gelman, L.L.P., Iowa City, for appellees.

STREIT, Justice.

Charles Kolbe was struck by a car driven by Justin Allen Schulte who is blind looking head-on. Kolbe and his wife sued Shulte's physicians who had given opinions to the Iowa Department of Transportation (IDOT) stating Schulte was competent to drive. The district court found the physicians were not negligent because they did not owe a duty to the Kolbes. We agree with the district court and affirm.

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