Hansen v. City of Audubon

SCHULTZ, Justice.

The issue in this case is whether the City of Audubon is statutorily excepted from liability for damages caused by sewage backing up into a homeowner’s basement. The trial court awarded damages to the homeowner finding that the City’s negligence in failing to maintain or repair its sanitary sewer system was the proximate cause of the damage. The City appealed and contends the trial court erred in not finding that it was excepted from liability under the Municipal Tort Claims Act, Iowa Code chapter 613A.

Dorothy M. Hansen, a homeowner in Audubon, experienced a major problem…