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Case No. 22-1026

James R. Penny
v.
City of Winterset and Christian Dekker

Plaintiff appealed a summary judgment dismissing his action for damages caused by a collision with a police vehicle responding to an emergency call. Plaintiff contends the district court erred in failing to find a genuine issue of material fact existed as to whether the officer acted recklessly in driving through a stop sign. See Iowa Code § 321.231 (2020). The court of appeals reversed and remanded. Defendants seek further review.

County:
Madison
Trial Court Case No.:
LACV035142

Resister

James R. Penny

Applicant

City of Winterset and Christian Dekker

Attorney for the Resister

Gary Dickey

Attorneys for the Applicant

Zachary D. Clausen
Douglas L. Phillips

Supreme Court

Oral Argument Schedule

15-15-5

Nov 16, 2023 9:30 AM

Briefs

Supreme Court Opinion

Opinion Number:
22-1026
Date Published:
Dec 29, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1026
Date Published:
Jun 07, 2023
Summary

            Appeal from the Iowa District Court for Madison County, Stacy Ritchie, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Dissent by Greer, P.J.  (21 pages)

            A plaintiff appeals an adverse summary judgment ruling that dismissed his claims for injuries sustained after a collision with a police cruiser.  OPINION HOLDS: We reverse the entry of summary judgment and remand for further proceedings, concluding genuine issues of material fact remain that preclude the defendants’ entitlement to judgment as a matter of law. DISSENT ASSERTS: I respectfully dissent from the majority opinion.  Because the facts do not support a finding of recklessness on the part of the officer, I would affirm the grant of summary judgment. 

Other Information

Date Further Review is Granted:
Aug 18, 2023
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