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DESOUSA v. IOWA REALTY CO., INC.

No. 21-0679.

975 N.W.2d 416 (2022)

Amanda DESOUSA f/k/a Amanda Johnston, Appellee, v. IOWA REALTY CO., INC., Appellant.

Supreme Court of Iowa.

Filed June 10, 2022.

Attorney(s) appearing for the Case

Haley Y. Hermanson (argued) and Frank Harty of Nyemaster Goode, P.C., Des Moines, for appellant.

Jordan T. Glaser (argued) of Peters Law Firm, P.C., Council Bluffs, for appellee.

Jodie C. McDougal and Sarah E. Friedricks (until withdrawal) of Dentons Davis Brown, PC, Des Moines, for amici curiae, the National Association of Realtors & the Iowa Association of Realtors.

Mansfield, J., delivered the opinion of the court, in which Christensen, C.J., and Waterman, Oxley, and McDermott, JJ., joined. Appel, J., filed a dissenting opinion. McDonald, J., took no part in the consideration or decision of the case.

I. Introduction.

Possession may not be nine-tenths of the law, but it is an important concept in the law of premises liability. Under the Restatement (Third) of Torts, possessors of land owe a duty of reasonable care to entrants on that land. A possessor is defined as one who occupies and controls land, or one who is...

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