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MESSERSCHMIDT v. CITY OF SIOUX CITY

No. 01-1209.

654 N.W.2d 879 (2002)

Cheryl MESSERSCHMIDT and Kelvin Messerschmidt, Appellees, v. CITY OF SIOUX CITY, Appellant. City of Sioux City, Iowa, Third-Party Plaintiff, v. Sisangviane Mekdara, Third-Party Defendant.

Supreme Court of Iowa.

Rehearing Denied January 3, 2003.

Attorney(s) appearing for the Case

Ivan T. Webber, Andrew J. Bracken, Danielle J. Jess, and James R. Wainwright of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellant.

Edward J. Keane, Sioux City, for appellees.

STREIT, Justice.

While volunteering at the Big Parade celebration in Sioux City, Cheryl Messerschmidt was seriously injured when a drunk driver plowed into the golf cart in which she was seated. Before the accident, a Big Parade worker made the decision to remove the road barricade which prevented cars from moving in this area during the celebration. Messerschmidt sued the city for her injuries. The city argues it is immune under three theories. The city also argues...

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