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SCHMITZ v. CITY OF DUBUQUE

No. 02-1893.

682 N.W.2d 70 (2004)

Patti L. SCHMITZ, Appellant, v. CITY OF DUBUQUE, Appellee.

Supreme Court of Iowa.

June 16, 2004.

Attorney(s) appearing for the Case

James G. Sawtelle and James W. Steinberg of Duncan, Green, Brown, Langeness & Eckley, P.C., Des Moines, and Todd J. Locher of Locher & Locher, Farley, for appellant.

Les V. Reddick of Kane, Norby & Reddick, P.C., Dubuque, for appellee.

LARSON, Justice.

The plaintiff, Patti Schmitz, was injured when the front wheel of her bicycle caught the edge of an asphalt overlay on a bicycle/walking trail in Dubuque. She sued the city, but the district court dismissed her case on the ground the city was immune from suit under Iowa Code section 670.4 (1997). The court of appeals affirmed, and we granted further review. We vacate the decision of the court of appeals, reverse the judgment of the district court...

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