Estate of Oswald v. Dubuque County

SCHLEGEL, Presiding Judge.

In this consolidated appeal seeking damages for personal injury and resulting death, the plaintiff estates of Judith and LeRoy Oswald appeal the district court’s judgment granting defendant Dubuque County’s motion for summary judgment. The plaintiffs contend the district court erred in: (1) treating the county’s motion as a supported motion for summary judgment; (2) finding that the facts were insufficient to support a theory of recovery; and (3) ruling that evidence supplied after the ruling on summary judgment could not be considered.

On September 11, 1991,…