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Anderson v. State2/11/2005
ion." Id. at 140.
In Graber v. City of Ankeny, the plaintiff, who was injured in an intersection collision, brought an action against the city for failing to properly set the timing of the traffic signals. 656 N.W.2d 157, 159-60 (Iowa 2003). We held the city was not immune based on the discretionary function exception. Id. at 166. We determined there was no evidence anyone of authority balanced any priorities of competing importance. Id. We stated, " he mere existence of a sweeping safety consideration does not catapult the city's actions into the zone of immunity for decisions based upon social, economic, or political policy." Id. at 165.
In Messerschmidt v. City of Sioux City, a drunk driver struck and injured the plaintiff. 654 N.W.2d 879, 880-81 (Iowa 2002). The plaintiff brought a negligence action against the city alleging the city improperly removed a road barricade. Id. at 881. The city claimed it was immune from liability under the discretionary function immunity exception. Id. After deciding the first prong of the test was satisfied, we then determined the challenged action did not involve policy-making decisions and significant judgment. Id. at 882. Further, we concluded the city had "not met its burden to prove considerations based on social, economic, or political policy were involved in its decision to take the barricade down." Id.
Finally, in Schmitz we once again found the discretionary immunity exception did not protect the city's decision to add an asphalt overlay to a bike trail without raising the shoulders or grinding off the old asphalt to prevent a one and one-half inch drop-off. 682 N.W.2d at 76. Specifically, we concluded the city produced no evidence that the choice it made with respect to whether the overlay should be done with or without grading of the accompanying shoulders was the sort of decision that the discretionary function immunity intends to protect, i.e., a decision weighing "social, economic, or political policies."
Id.
The common thread running through all these decisions defeating the discretionary function immunity was the record in each of these cases did not show the governmental entity based its actions on the required policy considerations, as distinguished from an action arising out of the day-to-day activities of the business of government. Unless a governmental entity can demonstrate that when it exercised its judgment, it genuinely could have considered and balanced factors supported by social, economic, or political policies, we will not recognize the discretionary function immunity. Graber, 656 N.W.2d at 165.
Applying this standard to the present case, we think the district court was correct in concluding Mercado and the State were entitled to immunity under the discretionary function exception. Our review of the record reveals the university had a policy to continue the normal hours of operation for the library during periods of severe weather. The purpose of keeping the library open was to afford the maximum opportunity for students and staff to utilize the library facilities. Keeping the library open furthered the public policy of providing the best college education to its students at a reasonable cost. Persons who desired to use the library for studying or research needed to count on the fact the library would be available to them during its normal hours of operation, except when it would be impossible to keep it open those hours.
Mercado's decision not to close the library was consistent with the university's policy to keep the library open during periods of severe weather. Although she did have the authority to close the library if the conditions made it impossible to k
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