Hershberger v. Buena Vista County

CARTER, Justice.

Plaintiff, Mace Hershberger, appeals from the final judgment for the defendant county following a jury trial. He challenges rulings of the district court, rendered prior to trial under Iowa Rule of Civil Procedure 105, which removed several claims of negligence from consideration by the jury. We reverse the judgment of the district court and remand the action for a new trial;

The plaintiff alleges that he was injured while riding as a passenger in a motor vehicle driven by another person. The car left a county roadway in Buena Vista County and struck a tree. It is alleged that…