Boyer v. Iowa High School Athletic Ass'n

Supreme Court of Iowa · Torts

TortsUnincorporated associationsPersonal jurisdictionGovernmental immunityCivil proceduregeneral appearancespecial appearancewaiver

Facts

Defendant association conducted a district basketball tournament at a junior high school gymnasium in Mason City. Plaintiff alleged she bought a ticket, attended a game conducted by defendant, sat in bleachers that collapsed, and was injured. Original notice was served on the association's executive secretary, after which attorneys filed a general appearance and the association later answered. Only later in its answer did defendant assert that it was a voluntary association that could not be sued and that it was performing a governmental function.

Issue

Did defendant waive any objection that it was not a suable entity and that service was insufficient by filing a general appearance and answer rather than a special appearance? Also, on the record presented, was defendant entitled to governmental immunity from tort liability?

Rule

In Iowa, although an unincorporated association is not suable in its common name at common law, Iowa permits suit through representative or class-action principles, and objections to personal jurisdiction, capacity, or insufficiency of service must be raised by special appearance before any general appearance, motion, or pleading. A general appearance unequivocally submits the defendant to the court's jurisdiction and waives such objections. Governmental immunity recognized for schools and school districts applies because they are quasi corporations and state agencies created by legislative enactment, and an association is not entitled to that immunity absent a showing that it is such an arm or agency of the State.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nina Alvarez sued Great Plains Debate League, a voluntary unincorporated association, in Des Moines after a stage railing collapsed during a tournament. The league's lawyer filed a written general appearance and, two weeks later, an answer asserting for the first time that the league could not be sued in its common name and that service on its office manager was defective.

How should the court rule on the league's objections?

Explanation. Under the majority opinion, objections to personal jurisdiction or insufficiency of original notice or its service must be raised by written special appearance before any other appearance, motion, or pleading. A general appearance unequivocally submits the defendant to the court's jurisdiction and waives objections that the association is not a suable entity or that service was insufficient. (Derived from Boyer v. Iowa High School Athletic Ass'n (n.d.).)