Preview:

IN THE COURT OF APPEALS OF IOWA No. 9-606 / 09-0163 Filed September 17, 2009 TIMOTHY A. LARSEN and LENA M. KARR, Administrators of the Estate of Paige Marie Larsen, Deceased, TIMOTHY A. LARSEN and LENA M. KARR, Plaintiffs-Appellants, vs. CITY OF REINBECK, IOWA and JULIE SMITH, Defendants-Appellees. ________________________________________________________________

Appeal from the Iowa District Court for Grundy County, Jon C. Fister, Judge.

Plaintiffs appeal the decision of a district court to grant a motion for summary judgment in favor of a city, contending that the city was not immune from liability in connection with their daughter's drowning at a swimming pool. AFFIRMED.

D. Raymond Walton of Beecher Law Offices, Waterloo, and John Walker, Waterloo, for appellants. Jim DeKoster and Beth Hansen of Swisher & Cohrt, P.L.C., Waterloo, for appellee. Henry Bevel, Waterloo, for Julie Smith. Considered by Vaitheswaran, P.J., and Mansfield, J. and Schechtman, S.J.* *Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).

2 VAITHESWARAN, P.J. Timothy Larsen and Lena Karr lost their three-year-old daughter in a drowning accident at a swimming pool owned and operated by the City of Reinbeck. They sued the city for negligence in providing a safe pool.1 The city filed an answer asserting in part that it was immune from liability under Iowa Code section 670.4(12) (2007). The city simultaneously moved for summary judgment on the immunity ground. Larsen and Karr responded by amending their petition to clarify that their claim extended to officers or employees of the city who violated pertinent regulations governing municipal swimming pools. The district court concluded that the city was immune from liability and granted the city's motion for summary judgment. This appeal followed. Iowa Code section 670.4(12) holds municipalities immune from liability for the following tort: A claim relating to a swimming pool or spa as defined in section 135l.1 which has been inspected by a municipality or the state in accordance with chapter 135 I, or a swimming pool or spa inspection program which has been certified by the state in accordance with that chapter, whether or not owned or operated by a municipality, unless the claim is based upon an act or omission of an officer or employee of the municipality and the act or omission constitutes actual malice or a criminal offense. Larsen and Karr contend that the city is not entitled to immunity under this provision because their claim against it "is based upon an act or omission of an officer or employee of the municipality and the act or omission constitutes . . . a criminal offense." Iowa Code

Download TIMOTHY A. LARSEN and LENA M. KARR, Administrators of the Estate of Paige Marie

Iowa Law