Wernimont v. State

McGIVERIN, Justice.

Plaintiffs Victor J. and Florence A. Wer-nimont, husband and wife, appeal from judgment entered against them in favor of defendant State of Iowa in a tort action to recover damages after a one-vehicle accident. They contend that trial court erroneously granted defendant’s motion to dismiss after plaintiffs completed their evidence. We agree and, therefore, reverse and remand for a new trial.

On January 10, 1975, plaintiff Victor Wernimont was driving a truck tractor and trailer on Interstate 29 near Council Bluffs when he lost control of the vehicle because of blizzard and…