Legal Opinion

Deborah E. McFadden, Individually and as Administrator of the Estate of Charles Walter McFadden, Jr. v. Department of Transportation, State of Iowa

Supreme Court of Iowa

Decided January 22, 2016No. 14–1557PublishedCited by 7 opinions

1Opinion of the Court

HECHT, Justice.

After her husband Charles died in a motorcycle accident, Deborah McFadden presented a wrongful-death claim to the state appeal board. She alleged the Iowa Department of Transportation’s negligent maintenance of the highway caused Charles’s death. The appeal board took no action on the claim, so after waiting more than six months, she withdrew it and filed suit in the district court. The district court concluded McFadden had failed to exhaust administrative remedies because she had not properly presented the ■ estate’s claim to the appeal board and dismissed the suit. On further…

2Cases cited13 opinions

  1. Audubon-Exira Ready Mix, Inc. v. Illinois Central Gulf RailroadSupreme Court of Iowa · 1983
  2. Voss v. State, Iowa Department of TransportationSupreme Court of Iowa · 1996
  3. Esterdahl v. WilsonSupreme Court of Iowa · 1961
  4. Swanger v. StateSupreme Court of Iowa · 1989
  5. Gardner v. BeckSupreme Court of Iowa · 1922

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3Cited by7 opinions

  1. Paula Segura and Ricardo Segura v. State of IowaSupreme Court of Iowa · 2017
  2. Alexandria M. Anderson, Individually and as Administrator of the Estate of Carter Jay William Anderson, and Terry Anderson, Individually v. State of IowaSupreme Court of Iowa · 2024
  3. Amended March 27, 2017 Paula Segura and Ricardo Segura v. State of IowaSupreme Court of Iowa · 2017
  4. Neil Dewit and Melissa Dewit v. Madison County Zoning Board and Madison County Board of AdjustmentCourt of Appeals of Iowa · 2017
  5. Paula Segura and Ricardo Segura v. State of IowaSupreme Court of Iowa · 2017

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