In re Davenport Hotel Building Collapse

Summary

The Iowa Supreme Court held that the qualified‑immunity provisions of Iowa Code § 670.4A do not apply to the common‑law negligence and nuisance claims asserted against the City of Davenport, and therefore dismissed the city’s appeal. The Court based its decision on prior holdings that § 670.4A is limited to state constitutional or statutory tort claims and not to ordinary common‑law torts. The opinion also noted that the public‑duty doctrine issue was not before the Court on this appeal.