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Jennifer Morris v. Legends Fieldhouse Bar and Grill, LLC, et al.. Iowa Negligence-Duty
The security guard of the defendant strip club ejected an intoxicated patron and offered a cab ride. The patron refused and left on foot. Thirty minutes later and a half mile away, the patron was struck by a drunk driver while lying on the dark roadway. His parents brought a suit against the driver, the bar that had served the driver, and the strip club. The strip club moved for summary judgment, and the Polk County district court, Judge David M. Porter, granted the motion, holding that there was no duty once the patron had left the premises.
The parents appealed to the Iowa Court of Appeals, which reversed. The Iowa Supreme Court then agreed to hear the case. The Supreme Court held that there was no duty, and that the district court had properly granted summary judgment.
In so holding, the Court distinguished a number of other cases. In some cases, for example, the patron was injured by another customer, and the security person was aware of the particular danger. Also, in many of the cases, the injury occurred in the defendant's parking lot.
The court also distinguished Westin Operator, LLC v. Groh, 347 P.3d 606, 611 (Colo. 2015). In that case, a drunk guest was ordered out into the cold by a security guard, after the group asked if they could wait in the lobby for a cab. When the request was refused, they got into a car and drove away drunk. The Iowa Supreme Court distinguished the case by noting that the weather was pleasant in the instant case, and the decedent could have waited for his friend in the parking lot instead of chosing to walk on the dark roads. The court also noted that since the Colorado case involved a hotel, there was a higher standard of care.
Justice Appel penned a lengthy dissent, arguing that there was a duty, as recognized by the Restatement (Third) of Torts.
No. 19-1349 (Iowa Apr. 30, 2021).
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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