Jim Sutton and Angela Sutton v. Council Bluffs Water Works

Summary

The Iowa Supreme Court affirmed the district court’s denial of the municipality’s motion to dismiss the Suttons’ strict‑liability claim, holding that the Iowa Municipal Tort Claims Act does not bar such a claim and that the state‑of‑the‑art defense in §670.4(1)(h) does not apply. The Court relied on the plain‑meaning of the statutory definition of “tort” and its prior decision in Lubin. The opinion also noted that the Kellogg decision does not overrule Lubin.