Cyclist Obtains Settlement Despite Tort Immunity

The Cedar Rapids Gazette reported on a legal settlement reached between Bridgid Ruden, the City of Coralville, the State of Iowa, and Horsfield Construciton Company.  Ms. Ruden had been riding her bicycle on a trail and lost control of her bike and crashed after hitting a patch of mud on the trail.  She was in a coma, had multiple surgeries, and is unable to continue her career as a nurse practitioner.  The basis for Ruden's lawsuit was that the Defendants were negligent in the manner in which the trail was designed, constructed and maintained.  Generally, the State of Iowa (Iowa Code 669.14) and Municipalities (Iowa Code 670.4) are immune from tort liability, unless the negligence falls under certain exceptions.  In this case, Ms. Ruden presented enough evidence to argue that the design of the trail was negligent in that it was not sloped enough to allow for proper drainage.   There are very few cases in Iowa where plaintiffs have successfully argued the design exception. 

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.iowa-lawblog.com/admin/trackback/296828
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.