Monique Rodriguez-Flores and Jaymes Anthony Flores
v.
City of Des Moines
Appellant
Monique Rodriguez-Flores and Jaymes Anthony Flores
Appellee
City of Des Moines
Attorney for the Appellant
Matthew R. Denning
Attorney for the Appellee
Michelle Mackel-Wiederanders, Assistant City Attorney
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Considered without oral argument by Badding, P.J., and Langholz and Sandy, JJ. Opinion by Langholz, J. (10 pages)
Monique Rodriguez-Flores and Jaymes Flores appeal the dismissal of their tort lawsuit against the City of Des Moines arising from Rodriguez-Flores’s slip and fall while walking on a road in a city cemetery after a snowfall. They argue that the district court improperly granted summary judgment to the City based on the immunity in Iowa Code section 668.10(1)(b) (2021) because a material fact dispute existed about whether the City was following its snow-and-ice-removal policy for roads. OPINION HOLDS: The district court correctly granted summary judgment because it is undisputed that the city began its snow and ice removal in the cemetery within twelve hours of the snowfall’s end as required by its policy. The other potential factual disputes argued on appeal are not material to compliance with this policy or not preserved because they were not decided by the district court.
