Sankey v. Richenberger, 89-642

• Court: United States State Supreme Court of Iowa
• Writing for the Court: Considered by McGIVERIN; NEUMAN
• Citation: 456 N.W.2d 206
• Parties: Joann E. SANKEY, Richard R. Sankey, and Kristine Sankey, By Her Next and Best Friend, Richard Sankey, Appellants, v. Jerry RICHENBERGER, Appellee. Ronald DUPREE and Mary Dupree, Appellants, v. Jerry RICHENBERGER, Appellee.
• Docket Number: No. 89-642,89-642
• Decision Date: 23 May 1990

Page 206

456 N.W.2d 206 Joann E. SANKEY, Richard R. Sankey, and Kristine Sankey, By Her Next and Best Friend, Richard Sankey, Appellants,
v.
Jerry RICHENBERGER, Appellee.
Ronald DUPREE and Mary Dupree, Appellants,
v.
Jerry RICHENBERGER, Appellee. No. 89-642. Supreme Court of Iowa. May 23, 1990.

Page 207

Thomas S. Reavely, Des Moines, for appellants.

William J. Cahill of Hirsch, Adams, Hoth, Krekel, Putnam & Cahill, Burlington, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, LAVORATO, and NEUMAN, JJ.

NEUMAN, Justice.

The plaintiffs in this case are the unfortunate victims of a shooting spree that occurred in the Mt. Pleasant city council chambers on December 10, 1986. Their suit is directed at defendant Jerry Richenberger, the Mt. Pleasant police chief, for his alleged failure to take action to subdue the gunman and protect council members Joann Sankey and Ronald Dupree from injury. The district court ruled as a matter of law that Richenberger had no duty to these individual plaintiffs under the circumstances. We agree and affirm the district court's entry of summary judgment for the defendant.

I. Scope of Review.

Plaintiffs claim this case was not ripe for summary judgment because material facts are in dispute concerning the action Richenberger should have taken to protect the plaintiffs. See Iowa R.Civ.P. 237(c) (moving party entitled to judgment as a matter of law only if supporting documents show there is no genuine issue as to any material fact). While we agree that negligence actions are seldom capable of summary adjudication, see Iowa R.App.P. 14(f)(10), the threshold question in any tort case is whether the defendant owed the plaintiff a duty of care. Wilson v. Nepstad, 282 N.W.2d 664, 667 (Iowa 1979). Whether such a duty exists is a question of law. Anthony v. State, 374 N.W.2d 662, 668 (Iowa 1985).

As we view the record before us in the light most favorable to the plaintiffs, we agree with the district court that the facts underlying the plaintiffs' claim of duty are not disputed. Because the only issue is the legal consequences flowing from those undisputed facts, resolution by way of summary judgment is proper. Emmet County State Bank v. Reutter, 439 N.W.2d 651, 653 (Iowa 1989). Our review is for the correction of errors at law. Id.; Iowa R.App.P. 4.

II. Background Facts and Proceedings.

On December 10, 1986, the Mt. Pleasant city council met in a regularly scheduled session in the council chambers. Defendant Jerry Richenberger, along with other administrative department heads, was in attendance at the meeting to answer questions that might arise concerning the police department. Richenberger was seated on the dais along with the mayor and council members. At the specific request of the mayor, he was unarmed.

Page 208

Just after 9:00 p.m., Ralph Oren Davis entered the council chambers and went directly to Councilman Ronald Dupree. Because the City and Davis were engaged in a dispute over Davis' sewer bill, Davis' appearance was not unusual and all assumed he was approaching the dais to return a sewer bill. Instead, Davis pulled a revolver out of his coat and began firing at Dupree.

After the first shot was fired, council members, staff persons and Richenberger dropped to the floor beneath the council table. Richenberger's first thought was to get his shotgun out of his squad car in the parking lot. After a few moments, he and the others got up and ran along the east wall of the council chambers to exit the east and north doors. As they were leaving, they heard more shots being fired.

Richenberger was unable to get his firearm because the keys to his car were in the pocket of his coat hanging in the mayor's office. The city attorney, who had remained in the chambers, eventually tackled Davis, but not before Davis had shot Councilwoman Joann Sankey and killed the mayor, Edd King. Meanwhile, Richenberger called for help and then returned to the council chambers to assist in Davis' arrest.

Sankey and Dupree, joined by their spouses and Sankey's minor daughter, sued Richenberger for negligence and gross negligence on grounds that plaintiffs have summarized on appeal as "failing to take the appropriate action(s) after Mr. Davis began firing to stop the carnage at the city hall in Mt. Pleasant the evening of December 10, 1986." Sankey and Dupree also maintained claims against the city for workers' compensation benefits. Because of these claims, the trial court ruled preliminarily that Richenberger was entitled to partial summary judgment on the negligence counts of plaintiffs' petition. It reasoned that because the plaintiff council members and...