Supreme Court of Iowa

Bankers Trust Company v. City of Des Moines

June 14, 2024

Summary

The court reversed and remanded a summary judgment ruling that held Bankers Trust liable for a pedestrian's sidewalk-fall damages. It overruled the prior precedent that allowed municipalities to impose broad sidewalk-maintenance duties and accident liability on abutting property owners, holding that Iowa Code section 364.12(2) limits such liability to negligent snow-and-ice removal and permits repair obligations only after the statutory notice procedure. The court concluded that the Des Moines ordinance irreconcilably conflicted with the statute.