Legal Opinion · Dissent

Kimberly Ann Sallee, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee v. Matthew R. Stewart and Diana Stewart D/B/A Stewartland Holsteins

Supreme Court of Iowa

Decided February 15, 2013No. 11–0892Published

1DissentMansfield, Justice

Sometimes two acts of generosity collide and lead to an unfortunate result. That is what happened in this case. Matthew and Diana Stewart invited a kindergarten class to visit their dairy farm on a field trip. Kimberly Sallee volunteered her time to serve as a chaperone for the visit. While Sallee was accompanying the children during their playtime in a hayloft, she fell through a chute that was covered by hay bales and broke her wrist and ankle. Sal-lee sued the Stewarts for her injuries. The Stewarts answered and asserted Iowa’s recreational use immunity, Iowa Code §§ 461C.1-.8 (2009),…

2Cases cited30 opinions

  1. McClure v. Walgreen Co.Supreme Court of Iowa · 2000
  2. Rivera v. Philadelphia Theological Seminary of St. Charles Borromeo, Inc.Supreme Court of Pennsylvania · 1986
  3. Ornelas v. RandolphCalifornia Supreme Court · 1993
  4. Keelen v. State, Dept. of Culture, Recreation & TourismSupreme Court of Louisiana · 1985
  5. Ervin v. City of KenoshaWisconsin Supreme Court · 1991

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