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
827 N.W.2d 128
Iowa2013Background
- Stewarts operated a dairy farm that was not generally open to the public but allowed prearranged tours with Stewarts present.
- Sallee, a chaperone on a Sacred Heart School field trip, was injured when a hayloft bale-covered hole gave way.
- The hayloft holes were typically blocked when unused; Matthew had inspected the loft before the class and stood on hay bales covering holes.
- Sallee sued for negligence; the district court granted summary judgment based on Iowa’s recreational use statute; the court of appeals upheld immunity for landowners but allowed a tour-guide theory against the Stewarts.
- The Iowa Supreme Court held that the recreational use statute does not immunize the landowners because Sallee’s activity fell outside the statute’s recreational purpose, but remanded for consideration of willful/malicious conduct and potential negligent-supervision theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Iowa’s recreational use statute immunize the Stewarts here? | Sallee: activity not within the statute’s closed list. | Stewarts: land and activities fit statutory definition and grant immunity. | No; immunity does not apply to Sallee’s injury because her activity was not within the defined recreational purposes. |
| Is there a triable issue for negligent supervision despite potential immunity? | Sallee: Stewarts’ guided tour constituted negligent supervision. | Stewarts: immunity precludes negligence claims tied to premises use when within recreational purposes. | Yes; a triable issue remains on negligent supervision separate from premises liability. |
Key Cases Cited
- Peterson v. Schwertley, 460 N.W.2d 469 (Iowa 1990) (recreational-use immunity limits on premises liability; purpose of statute is to promote recreation on private land)
- Scott v. Wright, 486 N.W.2d 40 (Iowa 1992) (immunity limited to premises duties; negligent supervision possible outside the statute’s scope)
- Bird v. Economy Brick Homes, Inc., 498 N.W.2d 408 (Iowa 1993) (willful/malicious failure to guard/warn requires more than mere placement of a danger)
- City of Marion v. Iowa Dept. of Revenue & Finance, 643 N.W.2d 205 (Iowa 2002) (agency/fees not dispositive; recreation-related fees impact immunity scope)