noting that if legislature had intended to exempt municipal corporations from liability for punitive damages in wrongful death actions, it could have easily done so; therefore, despite state Tort Claims Act, which "specifically precluded" punitive damages, legislature's "failure to include a like immunity for municipal corporations [in false arrest statute] can scarcely be attributed to inadvertence or oversight"
How later courts described this case
- noting that if legislature had intended to exempt municipal corporations from liability for punitive damages in wrongful death actions, it could have easily done so; therefore, despite state Tort Claims Act, which "specifically precluded" punitive damages, legislature's "failure to include a like immunity for municipal corporations [in false arrest statute] can scarcely be attributed to inadvertence or oversight"
- it is apparent that any question going to recovery of exemplary damages versus a municipal corporation is determinable by application of the same legal principles as in cases against private corporations
- noting that punitive damages are “specifically precluded” under the ITCA
- stare decisis is no bar where error is manifest
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Parks v. City of Marshalltown, 1989 Iowa Sup. LEXIS 149 (1989)
262 N.W.2d 612 (Iowa 1978) (en banc), overruled by, Parks v. City of Marshalltown, 440 N.W.2d 377
The opinion
HARRIS, Justice
(concurring in part, dissenting in part).
I concur in the holding of the majority in divisions I, II, and III. However I am unable to agree with the conclusion reached in division IV and respectfully dissent therefrom.