Sanon v. City of Pella
Annotate this CaseIn 2010, two teenage boys drowned at the Pella Aquatics Center. Plaintiffs, the parents of the children, filed a claim for negligence against the City of Pella under the state-created danger doctrine. The district court granted summary judgment for the City on all of Plaintiffs’ negligence claims with one exception, concluding that the City was entitled to immunity under Iowa Code 670.4(12). The court denied summary judgment on that part of the claim in which the parents alleged that the City’s employee’s acts constituted the criminal offense of involuntary manslaughter. The Supreme Court reversed in part, holding (1) Plaintiffs adequately alleged that the City violated administrative rules constituting criminal offenses under the Iowa Code, and if the City violated these rules, is was not entitled to immunity; and (2) Plaintiffs must prove by a preponderance of the evidence that the City’s acts or omissions constituted involuntary manslaughter to remove it from the immunity granted by section 670.4(1).
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