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WATERS v. STATE, DEPT. OF TRANSP.

No. 08-1258.

784 N.W.2d 24 (2010)

Martin L. WATERS and Leslie Waters, Appellees, v. STATE of Iowa DEPARTMENT OF TRANSPORTATION and Department of Public Safety, Appellants.

Supreme Court of Iowa.

Rehearing Denied July 14, 2010.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Richard E. Mull and Robin G. Formaker, Assistant Attorneys General, for appellant.

Dean T. Jennings of Jennings Law Firm, Council Bluffs, and Jerry W. Katskee of Katskee, Henatsch & Suing, Omaha, Nebraska, for appellees.

CADY, Justice.

In this appeal involving an action brought by two plaintiffs against the State of Iowa and other defendants to recover personal injuries resulting from a motor vehicle accident, we must decide whether any claims against the State remained for trial after the district court granted summary judgment for the State so as to support a subsequent order by the district court directing the State to proceed to trial. We transferred the case to the court of appeals...

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