Felderman v. City of Maquoketa

731 N.W.2d 676, 2007 Iowa Sup. LEXIS 63, 2007 WL 1377658
CourtSupreme Court of Iowa
DecidedMay 11, 2007
Docket05-1407
StatusPublished
Cited by9 cases

This text of 731 N.W.2d 676 (Felderman v. City of Maquoketa) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Felderman v. City of Maquoketa, 731 N.W.2d 676, 2007 Iowa Sup. LEXIS 63, 2007 WL 1377658 (iowa 2007).

Opinion

WIGGINS, Justice.

In this case we must decide if the district court was correct when it directed a verdict in favor of the City of Maquoketa in a personal injury action. Because the district court correctly directed the verdict in favor of the City, we vacate the decision of the court of appeals and affirm the judgment of the district court.

On July 8, 2003, Mary Belle Westphal went to the Maquoketa Community Center to watch her great-grandson attend a swimming class. It was a rainy day, so the swimming class was held indoors at the center. Westphal walked up the center’s front stairs. She reached the landing on the top of the stairs, but after pulling on the front door, she fell backward, flew through the air, and landed at the base of the stairs. No one witnessed Westphal’s fall. Westphal suffered multiple elbow fractures, a fractured shoulder, a fractured hip, a fractured rib, and a gash in her head. She was in and out of the hospital and other care facilities from the time of the fall until May 2004 when she died.

Westphal’s estate brought a negligence action against the City. The estate’s petition alleged the City was negligent in the *678 design, construction, and maintenance of the center. The matter proceeded to a jury trial. At the close of the estate’s case, the City moved for a directed verdict. The district court granted the motion finding there was insufficient evidence to create a jury question on the issue of liability. The estate appealed the directed verdict.

We transferred the case to our court of appeals. The court of appeals upheld the district court’s directed verdict with respect to the estate’s negligent design and construction claims. However, the court of appeals determined the evidence generated a jury question on whether the City negligently maintained the center’s front entrance. The court of appeals remanded the case to the district court for a retrial.

The City petitioned our court for further review and this court granted the petition.

We review the district court’s grant of a directed verdict for correction of errors at law. Determan v. Johnson, 613 N.W.2d 259, 261 (Iowa 2000). In doing so we take into consideration all reasonable inferences that could be fairly made by the jury and view the evidence in the light most favorable to the nonmoving party. Yates v. Iowa West Racing Ass’n, 721 N.W.2d 762, 768 (Iowa 2006). If there is substantial evidence in the record to support each element of a claim, the motion for directed verdict must be overruled. Id. Evidence is substantial when reasonable minds would accept the evidence as adequate to reach the same findings. Id.; see also Determan, 613 N.W.2d at 261. “Our role, then, is to determine ‘whether the trial court correctly determined that there was insufficient evidence to submit the issue ... to the jury.’ ” Determan, 613 N.W.2d at 261 (quoting Hasselman v. Hasselman, 596 N.W.2d 541, 545 (Iowa 1999)).

I. Negligent Design and Construction. Viewing the evidence in the light most favorable to the estate, the evidence establishes the center’s front threshold, doors, landing, railings, and stairs had not been reconstructed since 1967 when the building was erected. The estate argues the City’s answer to an interrogatory indicates in approximately 1992 the City replaced the outside exterior front doors and in approximately 1999 the City installed new latches on the outside doors. However, the estate never made this interrogatory answer a part of the record. Accordingly, we will not consider the answer in deciding this appeal.

The only evidence supporting a negligent design or construction theory came from the estate’s expert. He testified the center’s front landing, stairs, and railings failed to comply with certain provisions of the ADA Standards for Accessible Design. The ADA standards relied upon by the expert were revised as of July 1, 1994. See 28 C.F.R. pt. 36 app. A (1994).

The Code provides a city is immune from liability for negligent design or construction of a public facility if the facility “was constructed or reconstructed in accordance with a generally recognized engineering or safety standard, criteria, or design theory in existence at the time of the construction or reconstruction.” Iowa Code § 670.4(8) (2003). A city is not required to upgrade, improve, or alter any aspect of an existing public facility to new, changed, or altered design standards. Id. The person making a negligent design or construction claim holds the burden to establish the city did not construct or reconstruct the public facility in accordance with a generally recognized engineering or safety standard, criteria, or design theory in existence at the time of the construction or reconstruction. Fischer v. City of Sioux City, 695 N.W.2d 31, 34 (Iowa 2005).

The estate offered no proof of the City’s failure to adhere to a generally recognized engineering or safety standard, criteria, or *679 design theory in existence in 1967 when the center was constructed. Consequently, the estate’s claims based on negligent design and construction must fail.

In its reply brief the estate raises for the first time its argument that the City purchased insurance; thus, its immunity for negligent design and construction is waived. See Iowa Code § 670.4; see also City of West Branch v. Miller, 546 N.W.2d 598, 604 (Iowa 1996) (stating “if a liability insurance policy is purchased covering the section 670.4 exceptions, governmental immunity is waived as to those exceptions to the extent stated in the policy”). The estate failed to raise the waiver of immunity issue in the district court. Ordinarily we do not decide an issue on appeal that was not raised by a party or decided by the district court. Meier v. Senecaut, 641 N.W.2d 532, 537 (Iowa 2002). Accordingly, we will not address the waiver issue for the first time on appeal.

Therefore, we affirm the district court’s ruling granting the City a directed verdict on the estate’s claims for negligent design and construction.

II. Negligent Maintenance. Section 670.4(8) does not provide a city with immunity for negligent maintenance. Iowa Code § 670.4(8); see also Radley v. Transit Auth., 486 N.W.2d 299

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731 N.W.2d 676, 2007 Iowa Sup. LEXIS 63, 2007 WL 1377658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felderman-v-city-of-maquoketa-iowa-2007.