For summaries from opinions prior to August, 2018, view PDF versions here.
Dean Christiansen
v.
Christopher Eral, Rex Mueller, and City of Sioux City
Appellant
Dean Christiansen
Appellee
Christopher Eral, Rex Mueller, and City of Sioux City
Attorney for the Appellant
Adam C. Witosky, Matthew M. Boles, and Christopher Stewart
Attorney for the Appellee
Steven R. Postolka, Caleb C. Christopherson, and Connie Anstey
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge. AFFIRMED. Heard by Greer, P.J., and Ahlers and Buller, JJ. Opinion by Greer, P.J. (16 pages)
Dean Christiansen appeals the district court’s dismissal of his state constitutional and common law tort claims against municipal employees and a municipality. OPINION HOLDS: Christiansen’s state constitutional tort claims no longer provide for recovery after Burnett v. Smith, 990 N.W.2d 289 (Iowa 2023). The district court correctly concluded that his negligence claim is exempted from liability under the emergency response exemption and, as those claims fail, his remaining common law tort claims also do not provide for recovery. We affirm.
