holding due process requires that a person incapacitated by injury must be given sixty days after termination of incapacity to give the statutory notice
How later courts described this case
- holding due process requires that a person incapacitated by injury must be given sixty days after termination of incapacity to give the statutory notice
- noting duties owed to “all those rightfully using the roads” in Lee County
- requiring proof of negligence in actions against government employees
- facial due process challenge rejected and equal ' protection challenge blunted by granting incapacitated persons sixty days from termination of incapacity to give notice
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Miller v. Boone County Hospital, 1986 Iowa Sup. LEXIS 1321 (1986)
Harryman , 257 N.W.2d 631 (Iowa 1977), overruled on other grounds by Miller v. Boone Cnty. Hosp. , 394 N.W.2d 776, 781 (Iowa 1986), abrogated by Estate of McFarlin , 881 N.W.2d at 61 n.6 ; Symmonds , 242 N.W.2d 262 (Iowa 1976), abrogated by Estate of McFarlin , 881 N.W.2d at 61 n.6.
Abrogated by Kolbe v. State, 2001 Iowa Sup. LEXIS 71 (2001)
I disagree with Estate of McFarlin 's characterization that Kolbe abrogated Harryman and Symmonds .
The opinion
REYNOLDSON, Justice
(concurring specially).
I concur in divisions II and IV of the majority opinion. I would reach a different result on the issues treated in divisions I and III, for reasons stated in my dissents filed in Shearer v. Perry Community Sch. Dist., 236 N.W.2d 688, 694 (Iowa 1975) and Lunday v. Vogelmann, 213 N.W.2d 904, 908 (Iowa 1973).