Supreme Court of Iowa

Jim Sutton and Angela Sutton v. Council Bluffs Water Works

May 19, 2023

Summary

The Iowa Supreme Court affirmed the district court’s denial of the municipality’s motion to dismiss, holding that the Iowa Municipal Tort Claims Act does not preclude a strict‑liability claim against a city for damage caused by an underground water‑main break. The Court relied on the plain‑meaning of the Act’s definition of “tort” and prior precedent recognizing strict liability for such activities.