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Case No. 21-0980

Amber Martinez, Individually and on Behalf of Her Minor Child I.M., and Isabel Ashley
v.
State of Iowa

The plaintiffs filed a negligence lawsuit against the State of Iowa as a result of injuries sustained by plaintiff Amber Martinez when a fugitive fleeing law enforcement collided with Martinez’s vehicle. The State moved for summary judgment arguing it owed no duty to plaintiffs under the public duty doctrine, and even if a duty existed, the officer did not act with reckless disregard for public safety. The district court denied the State’s motion for summary judgment finding Iowa Code section 321.231(5) created a particularized duty of care, and that there was a genuine issue of material fact as to recklessness. The supreme court granted interlocutory review of the district court’s summary judgment ruling.

County:
Polk

Appellee

Amber Martinez, Individually and on Behalf of Her Minor Child I.M., and Isabel Ashley

Appellant

State of Iowa

Attorneys for the Appellee

Steve Hamilton
Molly M. Hamilton

Attorneys for the Appellant

Jeffrey C. Peterzalek
Christopher J. Deist
David M. Ranscht

Supreme Court

Oral Argument Schedule

15-15-5

Oct 13, 2022 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
21-0980
Date Published:
Feb 17, 2023

Other Information

Date Retained:
Apr 26, 2022
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