Legal Opinion

Fischer v. City of Sioux City

Supreme Court of Iowa

Decided December 18, 2002No. 01-0328PublishedCited by 19 opinions

1Opinion of the Court

LARSON, Justice.

Several Sioux City homeowners sued the city when a storm sewer overflowed and damaged their properties. The district' court, through the application of “offensive issue preclusion,” granted the plaintiffs’ motion for partial summary judgment based on a prior case in which the city was found to be negligent in the design of the same drainage system. We reverse and remand.

I. Background Facts and Proceedings.

These plaintiffs lived at or near the intersection of Sergeant Road and Walden Avenue in Sioux City when, on ■ July 2, 1999, a rainstorm of unprecedented proportions dumped…

2Cases cited15 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Hunter v. City of Des MoinesSupreme Court of Iowa · 1981
  4. Goolsby v. DerbySupreme Court of Iowa · 1971
  5. United Fire & Casualty Co. v. Shelly Funeral Home, Inc.Supreme Court of Iowa · 2002

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3Cited by19 opinions

  1. Soults Farms, Inc. v. Charles J. Schafer v. Soults Farms, Inc.Supreme Court of Iowa · 2011
  2. Employers Mutual Casualty Company v. Lacinda Ranee Van HaaftenSupreme Court of Iowa · 2012
  3. Maxine Gail Veatch v. City of Waverly and Jason Leonard, Individually and in His Official CapacitySupreme Court of Iowa · 2015
  4. Fischer v. City of Sioux CitySupreme Court of Iowa · 2005
  5. Vanderpool v. LoftnessColorado Court of Appeals · 2012

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