Cook v. State

CARTER, Justice.

The State appeals from an adverse judgment following trial to the court of the tort claim of plaintiff, Carl Richard Cook. This trial followed reversal of an earlier judgment for plaintiff in the same case. Cook v. State, 431 N.W.2d 800 (Iowa 1988). The facts of the accident, detailed in our earlier opinion, will not be again set forth in detail.

After considering the issues raised on the present appeal, we reverse the district court’s apportionment of fault on the ground that it considered a specification of negligence not supported by substantial evidence in the record. We…