Sandra K. Mormann, Individually and as Administrator of The Estate of Augustin G. Mormann, and Daniel J. Mormann, Individually v. City of Manchester, Iowa and James Louis Wessels

The City of Manchester and James Louis Wessels (defendants) appeal following jury verdicts and judgment in favor of Sandra K. Mormann, individually and as Administrator of the Estate of Augustin G. Mormann, and Daniel Mormann, individually (plaintiffs). They argue: (1) under Iowa Code sections 670.4(1)(k) and 670.12, they are immune from the plaintiffs’ claims because they are “based upon or arising out of an act or omission of a municipality in connection with an emergency response”; (2) the district court erred in permitting the plaintiffs to submit claims for assault and battery for the jury that were not properly pleaded; (3) the district court erred in finding that plaintiffs presented sufficient evidence to submit their assault and battery claims to the jury; (4) the district court erred by allowing admission of prejudicial hearsay in the form of a dying declaration; (5) the district court erred in allowing evidence of the Manchester Police Department’s policies and lack of video footage; and (6) the district court erred in finding that plaintiffs presented sufficient evidence to support their request for punitive damages. Sandra K. Mormann, Individually and as Administrator of The Estate of Augustin G. Mormann, and Daniel J. Mormann, Individually City of Manchester, Iowa and James Louis Wessels Oct 07, 2025 7:00 PM Iowa State Capitol

Holding: A city and its former police officer appeal on multiple grounds from the judgment on a jury award of $4.25 million in compensatory damages and $10,000 in punitive damages for assault and battery during the officer’s pursuit of a motorcyclist. Affirmed.