Hildenbrand v. Cox (1985)
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· 70 citation events
across 7 courts.
Showing the 29 strongest citers on record
(one row per citing case, strongest signal kept).
Treatment trajectory · 1985 → 2026 · click a year to view the case as of then
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Garofalo v. Lambda Chi Alpha Fraternity (2000)
Hildenbrand v. Cox, 369 N.W.2d 411, 413 (Iowa 1985).
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Tinius v. Carroll County Sheriff Department (2004)
See Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985) (“The Restatement and case law also recognize that persons who take others into their custody, for example peace officers who arrest persons suspected of crime, owe a special duty to aid and protect them.”); Smith v. Miller, 241 Iowa 625, 628-31 , 40 N.W.2d 597, 598-600 (1950) (holding that sheriff owed duty of reasonable care to protect jail inmate from harm).
“The Restatement and case law also recognize that persons who take others into their custody, for example peace officers who arrest persons suspected of crime, owe a special duty to aid and protect them.”
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Estate of Ballard v. Hazel's Blue Sky (2002)
Garofalo, 616 N.W.2d at 649 ; Hildenbrand v. Cox, 369 N.W.2d 411, 413 (Iowa 1985).
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Argenta v. City of Newton (1986)
Hildenbrand v. Cox, 369 N.W.2d 411, 413 (Iowa 1985); Iowa R.Civ.
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Colton v. Branstad (1985)
Hildenbrand v. Cox, 369 N.W.2d 411, 413 (Iowa 1985); Walker Shoe Store v. Howard's Hobby Shop, 327 N.W.2d 725, 728 (Iowa 1982) ("[S]ummary judgment is not proper if reasonable minds could draw ... different inferences and reach different conclusions [from the undisputed facts].").
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Anissa Gerard v. City of North Liberty, Iowa and Mitchell Seymour, Individually and as Police Officer for Cit… (2017)
Significantly, one of the comments to section 314A states: “The duty in each case is only one to exercise reasonable care under the circumstances.” Id. § 314A cmt. e. 4 The Iowa Supreme Court agreed with this articulation of the duty of care in Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985).
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Estate of Mercedes Gottschalk by Coexecutors Richard Gottschalk and Rebecca Rassler v. Pomeroy Development, I… (2017)
See Fitzpatrick, 439 N.W.2d at 667-68 ; Hildenbrand v. Cox, 369 N.W.2d 411, 414-16 (Iowa 1986) (affirming summary judgment dismissing tort claim by estate of drunk driver who died in accident shortly after police questioned but failed to arrest him following his collision with a planter on the town square); see also Kolbe v. State, 626 N.W.2d 721 , 729-30 (Iowa 2001) (holding public-duty doctrine barred tort claim by victim of visually impaired driver to whom the state carel…
affirming summary judgment dismissing tort claim by estate of drunk driver who died in accident shortly after police questioned but failed to arrest him following his collision with a planter on the town square
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Wilson v. Lamp (2015)
See Morris v. Leaf, 534 N.W.2d 388, 390 (Iowa 1995) (“Iowa courts have consistently held that law enforcement personnel do not owe a particularized duty to protect individuals; rather, they owe a general duty to the public.”); Mastbergen v. City of Sheldon, 515 N.W.2d 3, 5 (Iowa 1994) (“Consistent with the common-law principles recognized by those sections, we have recognized two exceptions when law enforcement may be liable for damages: (1) when the police create the situat…
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Estate of Belden v. Brown County (2011)
Myers v. County of Lake, Ind., 30 F.3d 847, 850 (7th Cir. 1994) (construing Indiana law and citing Restatement [Second] § 314A); Joseph v. State, 26 P.3d 459, 466 & n.26 (Alaska 2001) (The court notes Alaska’s law regarding the duty owed inmates conforms *274 to “the prevailing view” and cites Restatement (Second) § 314A as reflective of that view.); Haworth v. State, 60 Hawaii, 557 , 563-64 & n.4, 592 P.2d 820 (1979); Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985) (Not…
Noting its frequent reliance on the Restatement [Second], the court points to § 314A as instructive on law enforcement officers’ “special duty to aid and protect” arrestees.
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Lloyd v. Drake University (2004)
See, e.g., Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985) (“The Restatement and case law also recognize that persons who take others into their custody, for example peace officers who arrest persons suspected of crime, owe a special duty to aid and protect them.”) (citing, in part, Restatement (Second) of Torts § 314A(4) (1965)); Smith v. Miller, 241 Iowa 625, 628-31 , 40 N.W.2d 597, 598-600 (1950); see also Tini-us v. Carroll County Sheriff Dep’t, 321 F.Supp.2d 1064, 1…
“The Restatement and case law also recognize that persons who take others into their custody, for example peace officers who arrest persons suspected of crime, owe a special duty to aid and protect them.”
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Weltzin v. COBANK, ACB (2001)
We have applied this principle from the Restatement in Fitzpatrick v. State, 439 N.W.2d 663, 667 (Iowa 1989); Hildenbrand v. Cox, 369 N.W.2d 411, 416 (Iowa 1986); Smith v. State, 324 N.W.2d 299, 301-02 (Iowa 1982).
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Hill v. McCartney (1998)
Hildenbrand v. Cox, 369 N.W.2d 411, 413 (Iowa 1985).
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Bohan v. Hogan (1997)
Fitzpatrick v. State, 439 N.W.2d 663, 667 (Iowa 1989); Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985); Smith v. State, 324 N.W.2d 299, 301-02 (Iowa 1982).
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Iowa Coal Mining Co. v. Monroe County (1996)
Hildenbrand v. Cox, 369 N.W.2d 411, 416 (Iowa 1985).
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Morris v. Leaf (1995)
See Mastbergen v. City of Sheldon, 515 N.W.2d 3, 4-5 (Iowa 1994) (payment of monthly monitoring fee did not create duty owed by police to merchants); Sankey, 456 N.W.2d at 209-10 (police officer did not owe special duty to protect city council members from crazed gunman); Hildenbrand v. Cox, 369 N.W.2d 411, 417 (Iowa 1985) (police officer not hable for negligently failing to detect intoxicated driver who ultimately drove his car to his death); Smith v. State, 324 N.W.2d 299,…
police officer not hable for negligently failing to detect intoxicated driver who ultimately drove his car to his death
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Mastbergen v. City of Sheldon (1994)
See Sankey, 456 N.W.2d at 206 (nothing in city ordinances created a particularized duty running from the chief of police to council members distinguishable from the chiefs general duty to keep the peace); Hildenbrand, 369 N.W.2d at 411 (where officer did not create the condition that placed intoxicated motorist’s life in jeopardy and did not take motorist into custody or control at any time, no special relationship existed); Smith v. State, 324 N.W.2d 299 (Iowa 1982) (accuse…
where officer did not create the condition that placed intoxicated motorist’s life in jeopardy and did not take motorist into custody or control at any time, no special relationship existed
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Hawkeye Bank & Trust Co. v. Spencer (1992)
In Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985), the supreme court reaffirmed its previous statement: The public has a vital stake in the active investigation and prosecution of crime.
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Sankey v. Richenberger (1990)
See Fitzpatrick v. State, 439 N.W.2d 663, 667-68 (Iowa 1989) (parole officer had no legal duty to police officer injured by parolee given lack of special relationship between actor and victim); Ewoldt v. City of Iowa City, 438 N.W.2d 843, 844-45 (Iowa App.1989) (city had no duty to detain mentally ill person absent special relationship); Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985) (no special relationship existed between motorist and investigating officer that would …
no special relationship existed between motorist and investigating officer that would give rise to liability toward motorist who subsequently drove auto to his death
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Willow Tree Investments, Inc. v. Wagner (1990)
Hildenbrand v. Cox, 369 N.W.2d 411, 413 (Iowa 1985).
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Stennett Elevator, Inc. v. State (1988)
See Adam, 380 N.W.2d at 722-23 ; Rinkleff v. Knox, 375 N.W.2d 262, 266-67 (Iowa 1985); Hildenbrand v. Cox, 369 N.W.2d 411, 416 (Iowa 1985); Wilson v. Nepstad, 282 N.W.2d 664, 667 (Iowa 1979); Restatement (Second) of Torts § 286 (1965).
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Adam v. State (1986)
Iowa Code § 4.1 (36)(a) ("shall" imposes a duty); see Hildenbrand v. Cox, 369 N.W.2d 411, 416 (Iowa 1985).
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Jeffrey Simmermaker v. Cedar County Attorney (2020)
See Hildenbrand v. Cox, 369 N.W.2d 411, 413 (Iowa 1985).
P. 1.981(5) (the moving party “shall set forth such facts as would be admissible in evidence”); see also Hildenbrand v. Cox, 369 N.W.2d 411, 414 (Iowa 1985) (disregarding summary judgment affidavit because it was not supported by personal knowledge and would not be admissible in evidence).
disregarding summary judgment affidavit because it was not supported by personal knowledge and would not be admissible in evidence
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State of Iowa v. Carson Michael Walker (2011)
See Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985).
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Deppe v. Poweshiek County (1995)
See id.
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Allen v. Anderson (1992)
See Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985).
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Fitzpatrick v. State (1989)
See Hildenbrand v. Cox, 369 N.W.2d 411 (Iowa 1985).
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Blessing v. Norwest Bank Marion, N.A. (1988)
See Hildenbrand v. Cox, 369 N.W.2d 411, 413 (Iowa 1985).
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MH by and Through Callahan v. State (1986)
Smith v. State, 324 N.W.2d 299, 301 (Iowa 1982); see also Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985) (peace officer not liable for tort of negligent failure to detect a person’s intoxicated condition and protect that person from harm); Bockelman v. State Department of Transportation, 366 N.W.2d 550, 553-54 (Iowa 1985) (no tort action against department for violation of statute requiring the suspension of driver’s license of a habitual offender).
peace officer not liable for tort of negligent failure to detect a person’s intoxicated condition and protect that person from harm