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Butler v. State

Citations

  • 336 N.W.2d 416
  • 1983 Iowa Sup. LEXIS 1633

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that State’s decision not to update an installed guardrail was made at the operational, rather than the planning level, and thus did not fall within the discretionary function exception
  • design defect in placement of guardrails along interstate highway operational rather than policy decision
  • decisions as to when and where to construct a new freeway are immune
  • The state discretionary function exception is “identical to the discretionary function exception of the Federal Tort Claims Act, and we are aided by federal interpretations of that provision.” (Citation omitted.)
  • The state discretionary function exception is “identical to the discretionary function exception of the Federal Tort Claims Act, and we are aided by federal interpretations of that provision.” (Citation omitted.)
  • decisions made concerning the design and placement of guardrail are not discretionary

Source: CourtListener parenthetical corpus (CC0).

Judges: Uhlenhopp, Harris, McGiverin, Larson, Wolle

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.