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ROBINSON v. STATE

No. 03-1387.

687 N.W.2d 591 (2004)

Charles E. ROBINSON, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

October 6, 2004.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Kristin W. Ensign, Assistant Attorney General, for appellant.

Larry J. Cohrt and Jay P. Roberts of Roberts, Cohrt, Stevens & Lekar, P.L.C., Waterloo, for appellee.

LARSON, Justice.

Charles Robinson was an inmate at the Iowa Medical and Classification Center when he was struck in the face by another inmate, causing the loss of his only good eye. Robinson filed a tort claim with the State Appeal Board, which denied the claim. Robinson filed suit, but the State moved to dismiss it on the ground it was untimely. The court denied the motion, and we granted the State's application for interlocutory appeal. We affirm and remand.

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