Schaub Ex Rel. Schaub v. Moerke

WOLLMAN, Justice.

This is an appeal from a summary judgment. We affirm in part and reverse and remand in part.

Appellants, Marjory and Francis Schaub, filed suit on behalf of their minor sons, Paul and Charles, for injuries sustained by Paul and Charles and medical expenses incurred as a result of the collision between a fire truck owned by the city of Aberdeen (City) and driven by Terry Ellingson and a vehicle occupied by Paul and Charles.*

City and Ellingson filed motions to dismiss based on the doctrine of sovereign immunity, submitting a brief in support of their motions. Appellants’ brief…