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Kaitlyn Johnson v. Humboldt County, Iowa. IA county negligence
The plaintiff in this case was a passenger in a vehicle involved in a single vehicle accident in Humboldt County, Iowa. The vehicle left the highway, entered the ditch, and struck a concrete embankment on private property, but within the highway right of way. She sued the county for her injuries, alleging that the county was negligent in allowing the embankment to remain. The district court, Jundge Kurt J. Stoebe, granted summary judgment for the county, and the plaintiff appealed. The case was eventually heard by the Iowa Supreme Court.
The Supreme Court, citing Estate of McFarlin v. State of Iowa, affirmed the district court, holding that if there is a duty to the public generally, there is no duty to an individual member of that group.
No. 16-1896 (Iowa June 8, 2018).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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Richard P. Clem, Attorney
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