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Case No. 19-1349

Jennifer Morris, Individually and as the Administrator for the Estate of Daulton Holly, and Jason Allan Holly
v.
Legends Fieldhouse Bar and Grill, LLC, Pretty Women Inc., d/b/a The Beach Girls, J.P. Parking, Inc., James E. Petry, ABC Corp., a fictitious corporation and Ronald Paul Hauser

In this premises liability case, Pretty Women, Inc., d/b/a The Beach Girls, J.P. Parking, Inc., and James E. Petry, the defendants/appellees, seek further review of the court of appeal decision reversing and remanding the district court’s grant of summary judgment in their favor. Relying on Thompson v. Kaczinski, 774 N.W.2d 829, 834 (Iowa 2009), which authorizes the incorporation of policy considerations in the duty analysis only after foreseeability is removed from the equation, the court of appeals reversed the district court’s summary judgment ruling and remanded for further proceedings because the district court did not remove foreseeability from its analysis in finding the defendants’ duty of care ceased when the victim voluntarily left the premises.

County:
Polk

Resisters

Jennifer Morris, Individually and as the Administrator for the Estate of Daulton Holly, and Jason Allan Holly

Applicants

Legends Fieldhouse Bar and Grill, LLC, Pretty Women Inc., d/b/a The Beach Girls, J.P. Parking, Inc., James E. Petry, ABC Corp., a fictitious corporation and Ronald Paul Hauser

Attorneys for Resisters

Christopher D. Stombaugh
Tiffany R. Wunderlin
R. Craig Oppel

Attorneys for Applicants

Adam Zenor
Sean M. Corpstein

Supreme Court

Oral Argument Schedule

15-15-5

Jan 21, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-1349
Date Published:
Apr 30, 2021
Date Amended:
May 05, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1349
Date Published:
Aug 05, 2020
Summary

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Plaintiffs appeal from the district court’s order granting summary judgment in favor of defendants on the plaintiffs’ negligence suit, contending the district court “erroneously considered foreseeability as a factor to determine duty.”  OPINION HOLDS: Because foreseeability was not removed from the equation, we reverse the summary judgment ruling and remand for further proceedings. 

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