Case No. 23-1617

Estate of Sharon Kahn, by administrator Suzanne L. Row, and Estate of Vicki Hodges, by coadministrators Suzanne L. Rowe and Sierra D. Reyes
v.
City of Clermont, Fayette County Conservation Board, Fayette County, and State of Iowa

In June 2020, Sharon Kahn and Vicki Hodges drowned after going over a low-head dam while tubing on the Turkey River in Clermont. Their estates sued the State and three municipalities for negligence and premises liability. The district court granted the defendants’ separate motions to dismiss, and the estates appealed. The court must determine (1) whether the public duty doctrine bars liability for each defendant, (2) whether the estates’ petition satisfies Iowa Code section 670.4A’s heightened pleading requirement for the municipal defendants, (3) whether the State is immune under sovereign immunity, and (4) whether the State is immune under Iowa Code section 669.14A.

County:

Fayette

Trial Court Case No.:

LACV056238

Appellant

Estate of Sharon Kahn, by administrator Suzanne L. Row, and Estate of Vicki Hodges, by coadministrators Suzanne L. Rowe and Sierra D. Reyes

Appellee

City of Clermont, Fayette County Conservation Board, Fayette County, and State of Iowa

Attorneys for the Appellant

J. Russell Hixson
Theresa B. Hatch
Nicholas C. Rowley
Chayce Glienke

Attorneys for the Appellee

Eric Wessan
Patrick C. Valencia
Adam J. Kenworthy

Carlton G. Salmons
Joseph G. Gamble
Kent A. Gummert
Nicholas P. Moreland

Zachary D. Clausen
Timothy A. Clausen