Kersten Co., Inc. v. Department of Social Services

LeGRAND, Justice.

This is an appeal under rule 332, Rules of Civil Procedure, from a denial of defendants’ special appearance, which was based on the defense of governmental immunity from suit for alleged breach of contract. We affirm the trial court, and in doing so we necessarily overrule Megee v. Barnes, 160 N.W.2d 815 (Iowa 1968).

The parties agree this is a suit against the State and agree, too, a special appearance properly raises the question now confronting us. See Marquardt v. Maucker, 184 N.W.2d 684, 685 (Iowa 1971).

Until now we have said governmental immunity is firmly entrenched in…