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Attorney warns of liability from rock in terrace after rollover; council refers issue to Public Safety committee
Summary
After a vehicle rolled hitting a rock in a terrace on West Pleasant Valley Street, an attorney warned the homeowner or city could face lawsuits; the council referred the matter to its Public Safety committee and asked staff to consult ICAP on whether the rock could be grandfathered.
An attorney told the Sigourney City Council on June 18 that a large rock placed in a city terrace could create civil liability after a vehicle ran onto the terrace, struck the rock and rolled.
John Wehr of the John N Wehr Law Office said the city ordinance requires removal of items from terraces within 48 hours and warned that if the vehicle owner pursued legal action, the homeowner could be sued and might in turn sue the city. Wehr cited a Des Moines case involving an uneven sidewalk as a related example of municipal exposure.
Resident Susan Walker said she opposed removing the rock because it may have prevented the car from entering her home. Council member Clark asked whether the rock’s presence could be grandfathered. Stacy Flynn of Legacy Insurance Group said she would check with ICAP about whether grandfathering would be acceptable under the city’s insurance coverage.
Council did not vote on removal or a policy at the meeting and directed the issue to the Public Safety committee for further consideration and a recommendation.
