The defendant operated a dairy farm and had invited a local kindergarten class to the dairy for a field day every year for over the past 20 years. On the field trip at issue, a mother of one of the students, acting as a chaperone, fell through a floor in a barn and injured herself. The mother sued the defendant and the defendant asserted the state (IA) recreational use statute as a defense. The court of appeals agreed, but the Iowa Supreme Court reversed and remanded the case to the trial court (827 N.W.2d 128 (Iowa 2013). The Iowa legislature quickly vacated the Iowa Supreme Court opinion (unanimously in both the House and the Senate) by amending the statute to specifically include educational activities and related chaperoning activities as covered activities. On remand, the trial court jury found in favor of the defendant. On appeal, the Iowa Court of Appeals affirmed based on the evidence. Sallee v. Stewart, No. 14-0734, 2015 Iowa App. LEXIS 361 (Iowa Ct. App. Apr. 22, 2015).
Recreational Use Statute Protected Dairy Farmer.
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