DES MOINES, Iowa (Legal Newsline) - An Iowa city can’t be sued for hiring an unqualified inspector who failed to flag stairs that didn’t meet building code requirements, the state Supreme Court ruled, shutting down an apartment building owner’s attempt to drag the city into a slip-and-fall lawsuit.
Lori Randolph sued Aidan LLC, owner of a rental property where she fell down some stairs, claiming the stairs didn’t comply with the municipal code. Aidan then brought a third-party claim against Sioux City for negligent hiring and supervising, claiming an unqualified city inspector had certified the stairs “fully complied” with the code. Aidan wanted the city to indemnify it for any damages from the fall.
Sioux City and Randolph both sought to dismiss Aidan’s case under Iowa Code 670, which offers municipalities broad immunity against lawsuits “based upon an act or omission of an officer or employee” involving inspections and permits of private property. Woodbury County Judge Roger L. Sailer denied the motion to dismiss and Sioux City appealed.
The Iowa Supreme Court ordered the case dismissed in a May 3 decision by Justice David May. Paragraph (j) of the law states cities are immune from suits “based upon” acts or omissions that involve “property not under the supervision or control of the municipality,” the court said.
“Aidan does not claim that the stairs were `under the supervision or control of’ Sioux City,” the court observed. But Aidan did argue its claim was not “based upon” the negligence of Sioux City’s employee, but rather negligent hiring of the inspector.
“We note that the operative phrase—`based upon’ —has not been defined by the legislature,” the court said. But precedent in other cases involving governmental immunity suggests “based upon” means “the conduct that must be proven to entitle the claimant to relief,” the court explained. And to prove negligent hiring, plaintiffs must prove both that the employer was negligent and that the employee committed a negligent act.
“The employee’s negligence is, therefore, part of the particular conduct that constitutes the gravamen of Aidan’s claim,” the court concluded. “Aidan’s claim is `based upon’ the negligence of Sioux City’s `employee’ in the `inspection’ of the stairs” and immunity applies.
Joel D. Vos of Heidman Law Firm argued for Aidan. The Iowa League of Cities submitted an amicus brief in the case.