Fulps v. City of Urbandale
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The Supreme Court reversed the judgment of the trial court dismissing this lawsuit brought by an injured pedestrian against a city over a defective city sidewalk, holding that the trial court erred in dismissing the case for failure to state a claim based on the public duty doctrine.
Plaintiffs sued the City of Urbandale claiming that the City had failed properly to maintain, repair, and warn about a dangerous and uneven sidewalk, causing her injuries. The district court granted the City's motion to dismiss, concluding that the public-duty doctrine barred Plaintiffs' claims. The Supreme Court reversed, holding that the pleading was sufficient to avoid application of the public-duty doctrine for motion-to-dismiss purposes.
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