The district court denied Bankers Trust Company’s motion for summary judgment on its claim against the City of Des Moines for contribution for damages paid to a plaintiff who was injured on a sidewalk owned by the City of Des Moines and adjacent to property owned by the Richard G. Hansen Revocable Trust, which leased the property to Bankers Trust. Bankers Trust argues this court should overrule Madden v. City of Iowa City and hold that “Iowa Code section 364.12(2) contains an express legislative determination that the City should be responsible for sidewalk maintenance subject only to a particularized right to shift costs of repair to the adjoining property owner in certain circumstances.” 848 N.W.2d 40, 58 (Iowa 2014) (Mansfield, J., dissenting).

County:

Polk

Trial Court Case No.:

LACL148874