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PEFFERS v. CITY OF DES MOINES

No. 64146.

299 N.W.2d 675 (1980)

Frank T. PEFFERS, Appellee-Appellant, v. CITY OF DES MOINES, Iowa, Appellant, and Commercial Printing, Inc., Appellee.

Supreme Court of Iowa.

December 17, 1980.

Attorney(s) appearing for the Case

J. M. Sullivan, Asst. City Atty., Des Moines, for appellant.

Bernard J. O'Malley and Bernard J. Connolly, Jr., of Connolly, O'Malley, Lillis & Hansen, Des Moines, for appellee-appellant.

Kent M. Forney, of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellee.

Considered by LeGRAND, P. J., and UHLENHOPP, McGIVERIN, LARSON and SCHULTZ, JJ.

SCHULTZ, Justice.

On February 7, 1979, the plaintiff, Frank T. Peffers, while a pedestrian, fell on an icy public sidewalk abutting 701 Keosauqua Way, Des Moines, Iowa. He brought a suit, based on negligence, against both the City of Des Moines (hereinafter the city) and the occupant-owner of 701 Keosauqua, Commercial Printing, Inc. (hereinafter the owner). Both defendants promptly filed motions to dismiss. The trial court dismissed the claim against the owner and...

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