State v. District Court of Iowa, in & for Linn County

REYNOLDSON, Justice.

We granted certiorari in this case to test the legality of respondent’s order suppressing an implied consent blood test on the ground it violated the doctor-patient privilege. We sustain the writ and remand with directions.

At approximately 6:00 P.M. June 17, 1972, Francis Russell Lyman was driving a vehicle which came into collision with another car in Linn County, Iowa. A passenger in the other auto died as a result of his injuries.

Lyman was taken to Mercy Hospital in Cedar Rapids, Iowa, for treatment. At about 10:00 P.M. an investigating patrolman, Gabrielson, in a…