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FULPS v. CITY OF URBANDALE

No. 19-0221.

956 N.W.2d 469 (2021)

Laura H. FULPS and Charles B. Fulps, Appellants, v. CITY OF URBANDALE, Appellee.

Supreme Court of Iowa.

Filed March 19, 2021.

Amended April 6, 2021.

Attorney(s) appearing for the Case

David J. Hellstern , (argued) of Sullivan & Ward, P.C., West Des Moines, for appellants.

Thomas M. Boes , (until withdrawal) of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, and then Jason C. Palmer , (argued) of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellee.

Mansfield, J., delivered the opinion of the court, in which Christensen, C.J., Waterman, McDonald, Oxley, and McDermott, JJ., joined. Appel, J., filed an opinion concurring specially.

This case requires us again to address the scope of the public-duty doctrine. Cities in Iowa have a statutory and common law duty to build and maintain the public sidewalks in safe condition and for breach of that duty have historically been subject to suit. This historic rule is not at odds with the public-duty doctrine. Generally...

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