Katherine Avenarius and Paul Avenarius
v.
State of Iowa
The State was granted interlocutory review of a ruling denying the State partial summary judgment in plaintiff’s action alleging she was injured as a result of negligent instruction in a firearms training program. The State contends the negligence claims were barred by a personal injury liability waiver plaintiff signed before attending the program. The State argues the waiver contained clear and unequivocal language releasing the State from liability for negligent acts and omissions. Plaintiff argues the district court correctly found the waiver unenforceable because its terms were deficient to release the State from liability for its own negligent acts or omissions. The court of appeals affirmed. The State seeks further review.
Resister
Katherine Avenarius and Paul Avenarius
Applicant
State of Iowa
Attorney for the Resister
Todd N. Klapatauskas
Attorneys for the Applicant
Job Mukkada
William Admussen
Supreme Court
Oral Argument Schedule
15-15-5
Oct 09, 2024 9:00 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 Polk County, Samantha Gronewald, Judge. AFFIRMED. Heard by Bower, C.J., and Tabor and Chicchelly, JJ. Opinion by Chicchelly, J. Langholz, J., takes no part. (12 pages)
On interlocutory appeal of the order denying its motion for partial summary judgment, the State contends the district court erred by finding a document signed by Katherine Avenarius did not express a clear intent to waive personal injury claims resulting from the defendant’s negligence. OPINION HOLDS: Because the document does not express an intent to release the State from liability for claims related to its own negligent acts, either in the express language used or the context provided, the district court properly denied the State’s motion for partial summary judgment.