Kershner v. City of Burlington

McGIVERIN, Chief Justice.

Plaintiff Pamela D. Kershner sued defendant City of Burlington, alleging that the Burlington city fire department was negligent in responding to a fire at plaintiff Kershner’s residence. The district court granted the city’s motion for summary judgment and dismissed the case, concluding that plaintiffs negligence claim was based on an act or omission of the city in connection with an emergency response and that plaintiffs claim was therefore barred by the immunity provision of Iowa Code section 670.4(11) (1995) (Tort Liability of Governmental Subdivisions).

Upon our…