Cook v. State

SCHULTZ, Justice.

The State appeals from the recovery made by Carl Richard Cook under the Iowa Tort Claims Act, Iowa Code chapter 25A (1981). Cook suffered personal injuries as a result of an accident that occurred on *802August 8, 1981, at the intersection of state primary highways 61 and 78 in Louisa County. The claims for wrongful death of three passengers in the Cook van were joined in this action and also tried to the court. They are not an issue on appeal because of posttrial settlements, however.

At this intersection, highway 61 is a two-lane road with a 24 foot paved surface. Highway 78 is…