CEDAR FALLS - The court has thrown out a lawsuit against the City of Cedar Falls brought by a woman who was injured in a fatal accident in 2004.

Amanda Annett, 28, of Cedar Falls, said police should have arrested the other driver, Nicole Lee Gibson, during a traffic stop prior to the accident.

Gibson, who died in the accident with Annett, had been pulled over six hours earlier in the day after a complaint she had been driving while under the influence of drugs.

The case was scheduled to go to trial Tuesday, but District Court Judge Jon Fister ruled the plaintiff didn't have a case and dismissed the suit.

The plaintiff argued police didn't follow proper procedure when they chose to take Gibson home instead of to jail during the traffic stop, and the defense countered that Gibson wasn't impaired when the accident happened.

"The court feels that the Cedar Falls police had discretion to use their best judgment as to the condition under which Nicole Gibson would be released from custody," Fister wrote in his order.

"The court also finds that the defendant is not liable for any damages she later caused because she was not under the supervision or control of the police department at the time of the accident," he wrote.

Attorney Jay Roberts, who represented Annett, said he and his client are considering an appeal but haven't made a decision.

According to records filed in the lawsuit, Cedar Falls police got a tip that Gibson was driving under the influence Feb. 18, 2004, and pulled her over on Highway 58 near her home at about 1:40 p.m.

Officers noticed she seems sleepy and her speech was a little slow.

Gilbson, who had a valid drivers license, said she was tired and had taken Xanax for anxiety earlier that morning. She said she hadn't been drinking or consuming illegal drugs.

Because the shoulder of the highway wasn't practical to continue the investigation, officers followed Gibson to her home on West Ridgeway Avenue. They didn't find any illegal substances in her purse or vehicle and had her perform field sobriety tests. They noticed her balance was off, records state, and she was taken into custody and driven to the Cedar Falls Police Department to submit a urine sample for testing.

Officers then drove her home and released her pending the results of the urine test, records state. She was told not to drive for the rest of the day and to remain at her house for her safety.

Gibson didn't stay home and was killed in the accident with Annett in the 400 block of West Ridgeway at about 7:30 p.m., records state. Gibson's Chevrolet Cavalier was eastbound when she apparently lost control and crossed into oncoming lanes of traffic, striking Annett's westbound Dodge Neon.

On Feb. 24, 2004, the lab results from the traffic stop were returned and showed Gibson had oxazepam and alprazolam - drugs for anxiety and depression - in her system. The blood test following the fatal accident didn't show any traces of those drugs but tested positive for meprobmate, a prescription muscle relaxant with anti-anxiety properties.

In the court battle that led up to the lawsuit's dismissal, the plaintiff gathered sworn statements from a retired officer who said Cedar Falls police didn't follow proper procedures when they didn't take Gibson to jail following the traffic stop.

Attorneys for the city countered with an opinion by a doctor stating there was no evidence that Gibson's driving at the time of the accident was impaired by the drugs in her system, and there was no evidence she demonstrated impairment during the earlier traffic stop. This was based on the results of the urine and blood tests.