Roberts v. Timmins

McGIVERIN, Justice.

The question presented is whether plaintiff’s various tort claims against several Sioux City municipal employees, in their individual capacities, are subject to the notice requirements of section 613A.5, The Code 1975. Plaintiff’s petition alleged the employees committed several acts which adversely affected his business and were willful, unauthorized and not within the scope of their employment. Trial court sustained the employees’ motions to dismiss which were grounded on plaintiff’s failure to allege compliance with section 613A.5. We reverse.

Plaintiff Morris 0. Roberts…