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BLOOMQUIST v. WAPELLO COUNTY

No. 90-1371.

500 N.W.2d 1 (1993)

Garnet E. BLOOMQUIST, Curtis Bloomquist, Joy A. Miller, Gerald Miller, Linda S. Owens, Phyllis J. Mondanaro, Joseph D. Mondanaro, Patsy L. Watson, and Robert Watson, Appellants, v. WAPELLO COUNTY, Iowa; Dean Giltner, Jack Bedner and Sally Steffen, As Supervisors of Wapello County, Iowa; State of Iowa; Winger Contracting Company; Shirley Conley, Tom Conley d/b/a Atomic Termite & Pest Control, Appellees, and Industrial Chemical Co., Inc., Defendant.

Supreme Court of Iowa.

Opinion Amended and Rehearing Denied May 17, 1993.

Attorney(s) appearing for the Case

David A. Elderkin and Edward M. Blando of Elderkin & Pirnie, Cedar Rapids, for appellants.

Craig D. Warner and Patrick L. Woodward of Aspelmeier, Fisch, Power, Warner & Engberg, Burlington, for appellees Wapello County, Iowa, Dean Giltner, Jack Bedner, and Sally Steffen.

Bonnie J. Campbell, Atty. Gen., and Greg Knoploh, Asst. Atty. Gen., for appellee State of Iowa.

Lee H. Gaudineer and Jon K. Swanson of Austin, Gaudineer, Austin, Salmons & Swanson, Des Moines, for appellee Winger Contracting Co.

Timothy J. Walker and Maureen Roach Tobin of Whitfield, Musgrave & Eddy, Des Moines, for appellees Shirley Conley and Tom Conley d/b/a Atomic Termite & Pest Control.

Considered by LARSON, P.J., and CARTER, LAVORATO, NEUMAN, and ANDREASEN, JJ.

LARSON, Justice.

Five workers in a Department of Human Services (DHS) office building in Ottumwa became ill, allegedly the result of a contaminated atmosphere in the building. A combination of factors, including the use of an insecticide, sewer gas, and poor ventilation were to blame, according to their claims. Following a ten-week trial, the jury returned substantial verdicts for the plaintiffs. On the defendants' posttrial motions to dismiss and for judgment notwithstanding...

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