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MENKE HARDWARE, INC. v. CITY OF CARROLL

No. 90-1000.

474 N.W.2d 579 (1991)

MENKE HARDWARE, INC., and Rosebush, Inc., et al., Appellants, v. The CITY OF CARROLL, Iowa, Appellee, Robert Peters; Robert Peters, P.C.; Rival Manufacturing Corporation; and Titan Sales Corporation, Defendants. Jerry TRYON, d/b/a Popcorn Explosion, Appellant, v. The CITY OF CARROLL, Iowa, Appellee, and Robert Peters; Robert Peters, P.C.; Rival Manufacturing Corporation; and Titan Sales Corporation, Defendants.

Supreme Court of Iowa.

September 18, 1991.

Attorney(s) appearing for the Case

Joseph L. Fitzgibbons and Ned A. Stockdale of Fitzgibbons Brothers, Estherville, for appellants.

George H. Capps and Terence L. McAtee of Comito, Capps & Critelli, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, LAVORATO, and NEUMAN, JJ.

SCHULTZ, Justice.

The issue in this case is whether a city has governmental immunity in a negligence action. In two suits, now consolidated, Menke Hardware, Inc., Jerry Tryon, d/b/a Popcorn Explosion, and eight other plaintiffs allege that the City of Carroll's (City) fire department was negligent in allowing a fire to rekindle and destroy personal and real property owned by plaintiffs. In its ruling on a motion for summary judgment, the district court held that the...

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