Hubbard v. State

I dissent. I am somewhat loath to do so because the authority cited in support of the majority opinion is formidable. However, this is our first encounter with this problem, and I believe it is important to protest against that first step down what I consider to be the wrong road.

Plaintiff brought this action under the Iowa Tort Claims Act under the terms of which the State waived its governmental immunity as to certain torts caused by the negligence of any employee of the state while acting within the scope of his employment. The Act excepts certain claims from its operation. One such…