SALLEE v. STEWART

No. 11-0892.

827 N.W.2d 128 (2013)

Kimberly Ann SALLEE, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee, Appellants, v. Matthew R. STEWART and Diana Stewart d/b/a Stewartland Holsteins, Appellees.

Supreme Court of Iowa.

February 15, 2013.


Attorney(s) appearing for the Case

D. Raymond Walton of Beecher Law Offices, Waterloo, for appellants.

Karla J. Shea of McCoy, Riley, Shea & Bevel, P.L.C., Waterloo, for appellees.

Michael L. Mock of Parker, Simons & McNeill, P.L.C., West Des Moines, for amicus curiae Iowa Farm Bureau Federation.


APPEL, Justice.

While accompanying kindergarten students on a field trip to a dairy farm, a chaperone was injured when she fell through a hole in the floor of a hayloft. The chaperone filed a negligence suit against the dairy farm's owners. The district court granted summary judgment in favor of the owners on the basis that Iowa's recreational use statute barred the chaperone's claims. The court of appeals affirmed on the issue of whether recreational use immunity...

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