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P arrived at the library on the campus of the University of Northern Iowa in the early evening to study for an exam. The library closed at 12 a.m. Anderson left the library at approximately 11:55 p.m. During her stay, a winter storm had caused icy conditions on the campus's streets and sidewalks. As soon as P walked beyond the overhang of the library, she slipped and fell on the ice, injuring herself. Several employees at the library became concerned as the storm grew worse during the course of the evening, but the library remained open. Mercado (D), the interim dean of the library, was in charge of the library until she left the building sometime after 5 p.m. Linda McLaury, a library assistant, returned to the library from her evening meal around 8 p.m. McLaury observed that the sidewalks were starting to get a little slick. Barb Weeg, a librarian, observed icy conditions and became concerned for the safety of the students and employees working in the library. Weeg called McLaury to report the sidewalks around the university were icy, but the roads in town 'were not too bad.' Weeg instructed McLaury to contact Mercado (D) about the icy conditions and to inquire whether the library should remain open. Mercado (D) had the authority to close the library early under severe weather conditions. McLaury told Mercado (D) that Weeg told her the 'sidewalks were icy,' and she thought the student working at the reference desk was concerned and might need to go home. McLaury stated she had no problems with staying until closing. Mercado (D) told McLaury to ask the three students working in the library if they needed to go home because of the weather. There were about thirty to thirty-five people in the building. Mercado (D) then made the decision to keep the library open until closing. At trial, Mercado (D) testified that: It is the policy of the University to continue normal hours of operation and maintain a regular work schedule for staff members during periods of severe weather and/or adverse working conditions. It is a basic premise of this policy that University faculty, staff, and students shall have the opportunity to make their own decision about reporting to work or class with due consideration for travel safety conditions. About ten patrons entered the library between 9 p.m. and closing. Not one patron expressed any concern about the weather. McLaury recalls seeing fifteen to twenty students leaving the library between 11:40 and 11:50 p.m. Not one of these students returned to the library to report icy conditions or that anyone had fallen outside the library. P sued Ds alleging Ds were negligent in failing to close the library early due to the weather conditions. At the close of P's evidence, Ds moved for a directed verdict on several grounds, including the discretionary function immunity. The district court granted the motions. The district court submitted the case against the State (D) on the premises liability claim. The jury returned a verdict in favor of the State (D). P appealed. The court of appeals held Mercado's (D) decision to keep the library open was not subject to discretionary function immunity. 'A simple determination that weather conditions did not warrant the early closing of the library is not . . . a policy driven analysis. It is not a decision supported by social, political, or economic policies.' This appeal resulted.

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