Kathryn Marie Breese and E.B., born in 2005, a minor child, by and through her mother and next friend Kathryn Marie Breese
v.
City of Burlington,
Plaintiff was injured in a fall from the top of a box sewer while riding on a public bike path which connected to the box sewer. Plaintiff and her daughter brought an action against defendant alleging the city was negligent in failing to place guardrails or warning signs. The district court granted the city a summary judgment, finding plaintiffs’ claims were barred by the public duty doctrine and defendant was also immune from liability based on the state-of-the-art defense. Plaintiffs appeal.
County:
Des Moines
Trial Court Case No.:
LALA004888
Appellant
Kathryn Marie Breese and E.B., born in 2005, a minor child, by and through her mother and next friend Kathryn Marie Breese
Appellee
City of Burlington,
Attorney for the Appellant
Stephen T. Fieweger
Attorney for the Appellee
J. Scott Bardole
Supreme Court
Oral Argument Schedule
Non-Oral
Apr 07, 2020 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
19-0484
Date Published:
Jun 12, 2020