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Lawsuit Filed Against City of Shelby Dismissed

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SHELBY, Iowa (AP) - A judge has dismissed a lawsuit against the city of Shelby filed by a man driving a car that struck and killed a city firefighter in 2011.

KETV television reports the case centered around an accident in September 2011 when firefighter Mike Collins was directing traffic around a crash on Interstate 80 and David Thies struck Collins, killing him.

Thies sued the city, seeking $5,000 for damages to his car and medical expenses. He alleged Collins had prescription pain medication and the active ingredient for marijuana in his blood. He claimed Collins stepped into traffic causing him to be struck.

The judge says Thies failed to present any evidence Collins was impaired. In his ruling posted Wednesday, the judge said Thies also "failed to maintain control of his vehicle."

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