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Case No. 19-0484

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,

Attorneys for Appellant

Stephen T. Fieweger

Attorneys for 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

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