FISCHER v. CITY OF SIOUX CITY

No. 01-0328.

654 N.W.2d 544 (2002)

Dennis FISCHER, Julie Fischer, James Horn, Judy Horn, Todd Niggeling, Liz Niggeling, Kraig Sankey, Christine Sankey, Shaun Smith, Kari Smith, Mark Stevenson, Lorin Walker and Linda Walker, Appellees, and Key Bank USA, N.A., Intervenor-Appellee, v. CITY OF SIOUX CITY, Iowa, Appellant.

Supreme Court of Iowa.

December 18, 2002.


Attorney(s) appearing for the Case

James L. Abshier, City Attorney, Sioux City, for appellant.

Steven R. Jensen of Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett, Storm & Jensen, Sioux City, for appellees.

Ross W. Johnson of Faegre & Benson, L.L.P., Des Moines, for intervenor-appellee Key Bank USA, N.A.


LARSON, Justice.

Several Sioux City homeowners sued the city when a storm sewer overflowed and damaged their properties. The district court, through the application of "offensive issue preclusion," granted the plaintiffs' motion for partial summary judgment based on a prior case in which the city was found to be negligent in the design of the same drainage system. We reverse and remand.

I. Background Facts and Proceedings.

These...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases