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.
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:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.