Chickasaw County Board of Health, Chickasaw County Public Health Agency, Chickasaw County Public Health Nursing Service d/b/a Chickasaw County Public Health & Home Care Services, and Terri Franzen, R.N.

Attorney for the Appellant

Nathaniel W. Schwickerath

Attorneys for the Appellee

Carlton G. Salmons
Jon K. Swanson

Court of Appeals

Court of Appeals Opinion

Opinion Number:

17-2041

Date Published:

Nov 21, 2018

Summary

Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by McDonald, J. (10 pages)

Plaintiff Robert Shipton appeals the district court’s grant of the defendants’ motion for summary judgment. OPINION HOLDS: There was no genuine issue of material fact as to whether the defendants’ conduct on June 24 was protected by emergency-response immunity, and the court did not err in granting summary judgment in favor of the defendant on that claim. However, there was a genuine issue of material fact as to whether the defendants’ conduct prior to June 24 was negligent, and the court erred in granting summary judgment as to that claim.