Opinion

Adam v. State

  • 380 N.W.2d 716
  • 1986 Iowa Sup. LEXIS 1071
Court
Supreme Court of Iowa
Filed
Jan 15, 1986
Status
Published
Author
Schultz
On the bench
Uhlenhopp, Schultz, Carter, Wolle
Cited by
21 cases

Questioned by Raas v. State, 2007 Iowa Sup. LEXIS 43 (2007)

declining to give preclusive damages of $57,325. Id. Karlen requested a formal hearing. An administrative law judge (ALJ

How later courts described this case

  • declining to give preclusive damages of $57,325. Id. Karlen requested a formal hearing. An administrative law judge (ALJ
  • acts by Iowa State Commerce Commission in licensing and inspecting grain dealers and grain warehouses were made in the execution phase of the Grain Dealers Act, now codified at Iowa Code chapter 203, and thus were operational level decisions, not policy or discretionary function decisions; policy-planning decisions were made by legislature at time it enacted the Grain Dealers Act
  • declining to give preclusive effect to a prior district court ruling on a statutory exemption when the losing party settled on appeal
  • noting the public-duty doctrine is clearly incompatible with the ITCA

Written by the judges who cited it.

Later courts went against this

  • Questioned by Raas v. State, 2007 Iowa Sup. LEXIS 43 (2007)

    380 N.W.2d 716 (Iowa 1986), cast doubt on the continued validity of the public-duty doctrine.
    Supreme Court of IowaMar 30, 2007Read it

The opinion

SCHULTZ, Justice

(dissenting in part).

I agree with the majority opinion except division III. I do not believe that the legislature, by enacting Iowa Code chapter 542, intended to subject the State to civil liability for its inspectors’ failure to perform their duties. I would not hold that a failure to perform such duties constitutes actionable negligence.

CARTER and WOLLE, JJ., join this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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