Davenport Bank & Trust Co. v. City of Davenport

UHLENHOPP, Justice.

This case involves a challenge to the jurisdiction of the district court to set aside a default entry after having previously refused to do so.

Ruth M. Simmons was killed on January 29,1979, when struck by a vehicle owned by the City of Davenport, Iowa, and operated by a city employee. Her executor alleges that the employee was negligent. The city alleges that Simmons was not in a crosswalk, was contributorily negligent, and created an emergency.

The executor negotiated with the city’s insurer, and then began the instant damage action against the city by serving an original…