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Case No. 23-1953

For summaries from opinions prior to August, 2018, view PDF versions here

Clay Blanchard
v.
City of Des Moines

Appellant

Clay Blanchard

Appellee

City of Des Moines

Attorney for the Appellant

Kenneth R. Munro

Attorney for the Appellee

Luke DeSmet, Assistant City Attorney

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1953
Date Published:
Dec 04, 2024
Summary

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  REVERSED AND REMANDED.  Heard by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (8 pages)

            The plaintiff appeals from the district court’s order dismissing his negligence petition against the defendant for failure to allege that the law on which the lawsuit is based is “clearly established.”  OPINION HOLDS: Finding the plaintiff’s petition specifically pleaded and set forth clearly established claims, we reverse and remand for further proceedings consistent with this opinion.

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