Opinion
No. 4-786 / 04-0701
Filed January 26, 2005
Appeal from the Iowa District Court for Butler County, John S. Mackey, Judge.
Plaintiffs Betty and Alvin Reiter appeal from the district court's grant of summary judgment in favor of defendant Lila Hendricks. AFFIRMED.
David Roth of Gallagher, Langlas Gallagher, P.C., Waterloo, for appellant.
David Riley of Yagla, McCoy Riley, P.L.C., Waterloo, for appellee.
Heard by Sackett, C.J., and Vogel, Zimmer, Hecht, and Eisenhauer, JJ.
Plaintiffs Betty and Alvin Reiter appeal from the district court's grant of summary judgment in favor of defendant Lila Hendricks in a personal injury suit. We affirm the district court.
Lila Hendricks is now known as Lila Gruelke.
On May 12, 2001, Lanette Zweck had a graduation party for one of her daughters at her home located at 29198 Douglas Avenue in Aplington, Iowa. Lila Hendricks was present at the graduation party as a "grandmother of the graduate and a helper at the party." Betty Reiter attended the graduation party. While at the party, Reiter fell in the yard and broke her leg.
On May 9, 2003, Reiter and her husband Alvin sued Hendricks, who owned the property where Reiter was injured, for damages under premises liability theory. The Reiters' lawsuit alleged that Betty Reiter was injured when she stepped in a hole in the yard. It further alleged Hendricks owned or controlled the property where Betty Reiter was injured, and claimed that Hendricks had personally invited Betty Reiter to the graduation party.
On September 8, 2003, Hendricks filed a motion for summary judgment, supported by affidavit, asserting that she owed no legal duty to the plaintiffs at time of Betty Reiter's injury because Hendricks was not in possession of the premises on May 12, 2001. Hendricks's affidavit stated she owned the property where the injury occurred, but did not live there. The affidavit stated that the property was leased to Hendricks's daughter Lanette Zweck. The affidavit further stated that Hendricks was not aware of the "hole" referred to in the plaintiffs' petition and had never been asked to repair it. The plaintiffs filed a resistance to the motion; however, their resistance did not include any affidavits or supporting documentation disputing any of the facts asserted in Hendricks's affidavit.
On December 16, 2003, the district court overruled Hendricks's motion for summary judgment, stating: "[v]ery little, if any, discovery has been conducted as of this date. The record, in the opinion of the court, is underdeveloped with respect to issues of control over the premises."
On February 25, 2004, Betty and Alvin Reiter were deposed. Following these depositions, Hendricks renewed her motion for summary judgment. The Reiters did not file a written resistance to Hendricks's second motion for summary judgment.
On April 2, 2004, the district court granted Hendricks's second motion for summary judgment, stating:
The undisputed facts reflected in the excerpts from the depositions establish that defendant retained no control over the leased premises which would subject [her] to liability to plaintiffs. There are no facts contained within the file or provided to the court which would tend to establish any other exception to the general rule obviating liability on the part of an absentee owner.
On April 30, 2004, the Reiters appealed.
Our review of a grant or denial of summary judgment is for correction of errors at law. Wiedmeyer v. Equitable Life Assur. Society of U.S., 644 N.W.2d 31, 33 (Iowa 2003). Summary judgment is only appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Wright v. American Cyanamid Co., 599 N.W.2d 668, 670 (Iowa 1999). We examine the record in the light most favorable to the party opposing summary judgment. Kelly v. Iowa Mut. Ins. Co., 620 N.W.2d 637, 641 (Iowa 2001).
Although Hendricks did own the property where Betty Reiter was injured, it is undisputed that she did not reside there or retain any control over the premises at the time Betty was hurt. Hendricks leased the property to her daughter, Zweck, and her children for $100 a month. On May 12, 2001, the day Reiter broke her leg, Hendricks was living at 718 Cherry Street in Allison, Iowa. Additionally, the undisputed record shows that the plaintiffs were not invited to the graduation party by Hendricks, but rather were invited to the party by Zweck or her daughter.
The mere fact of ownership is an insufficient basis for imposing liability for a defect in the premises on an absentee owner of rental property. Galloway v. Bankers Trust Co., 420 N.W.2d 437, 441 (Iowa 1988); Byers v. Evans, 436 N.W.2d 654, 657 (Iowa Ct.App. 1988). Since the plaintiffs failed to present any evidence that Hendricks retained any control over the premises where Betty Reiter was injured, we conclude the district court correctly granted Hendricks's second motion for summary judgment. Accordingly, we affirm the district court.