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McGILL v. FISH

No. 08-1890.

790 N.W.2d 113 (2010)

Casey McGILL; Ginger L. McGill; Ashlea D. McGill; and Casey McGill, as Parent and Next Best Friend of Amanda R. McGill, Alicia C. McGill, and Allison C. McGill, Minors, Appellees, v. Ben FISH, Thomas Vine, Mark Newton, Robert Selby, and Steven Shaffer, Appellants.

Supreme Court of Iowa.

October 29, 2010.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, and Joanne Moeller , Assistant Attorney General, for appellants.

Donald G. Beattie and Ryan T. Beattie of Beattie Law Firm, P.C., Des Moines, for appellees.

CADY, Justice.

In this appeal, we must decide whether a personal injury claim based on gross negligence brought by a state employee against coemployees is a common law action subject to the administrative provisions of the Iowa Tort Claims Act (ITCA) or whether it is an action under Iowa Code section 85.20 (2009)1 not subject to the requirements of the Act. The district court found the plaintiffs were not required to comply with the exhaustion...

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