SPLITTGERBER v. BANKERS TRUST COMPANY

No. 22-2085.

SALLY SPLITTGERBER and HOWARD SPLITTGERBER, Plaintiffs, v. BANKERS TRUST COMPANY, THE RICHARD G. HANSEN REVOCABLE TRUST, and CITY OF DES MOINES, Defendants. BANKERS TRUST COMPANY, Appellant, v. CITY OF DES MOINES, Appellee.

Supreme Court of Iowa.

Filed June 14, 2024.


Attorney(s) appearing for the Case

James W. Bryan (argued) of Andersen & Associates, West Des Moines, for appellant.

Luke DeSmet (argued), Assistant City Attorney, Des Moines, for appellee.

McDermott, J., delivered the opinion of the court, in which Christensen, C.J., and Waterman, Mansfield, and May, JJ., joined. Oxley, J., filed a dissenting opinion, in which McDonald, J., joined.


Sally Splittgerber fell while strolling on a city sidewalk. She and her husband filed a personal injury lawsuit against the owner of the adjacent property (a revocable trust), the lessee of that property (Bankers Trust), and the City of Des Moines, alleging that they were negligent in maintaining what had become an uneven sidewalk...

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