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· 4/7/2004

Cubit v. Mahaska County

Citations

  • 677 N.W.2d 777
  • 2004 Iowa Sup. LEXIS 108
  • 2004 WL 736863

How courts have described this case

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

  • stating the claim is not barred by the immunity if it “may be proved without reference to or reliance upon the [emergency response]”
  • surveying cases construing Iowa statutory immunity provisions broadly and exceptions to immunity narrowly
  • stating court, in considering summary judgment ruling, “View[s] the entire record in a light most favorable to the nonmoving party [and] indulge[s] in every legitimate inference that the evidence will bear’ in favor of the nonmoving party” (citation omitted)
  • “We do not search for meaning beyond the express terms of a statute when the statute is plain and its meaning is clear.”
  • “Where the only dispute concerns legal consequences flowing from undisputed facts, our review is limited to whether the district court correctly applied the law.” (citation omitted)
  • “The plaintiff concedes the high speed chase ... was an emergency situation. Consequently, it cannot be disputed that the actions of the county’s E-911 dispatcher[s] ... occurred ‘in connection with emergency response communications services.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ternus

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.