| Iowa Jury Verdicts, Settlements and Court Decisions |
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Glena Tjernagel v. The Gates Corporation d/b/a The Gates Rubber Company
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After Glena Tjernagel (Tjernagel) was dismissed from her job, she sued her former employer, The Gates Corporation (Gates), under the Americans with Disabilities Act (ADA), the Iowa Civil Rights Act (ICRA), and the Family Medical consent of the parties pursuant to 28 U.S.C. § 636(c).
Leave Act (FMLA).1 The district court2 granted summary judgment for Gates on all claims, concluding Tjernage... More... $0 (07-15-2008 - IA)
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Ladco Properties XVII v. Jefferson-Pilot Life Insurance
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Ladco Properties XVII (Ladco), filed this action seeking recovery of its
liquidated damages deposit which Jefferson-Pilot Life Insurance Company (Jefferson-
Pilot) retained after Ladco failed to meet its obligations under the parties' loan
commitment agreement. The parties filed cross motions for summary judgment and
the district court1 concluded that Jefferson-Pilot was entitled to retain the... More... $0 (06-26-2008 - IA)
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Dennis West v. Local 710 Intl. Brotherhood
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Dennis West (West) filed this action claiming he was entitled to full pension
benefits after Local 710 International Brotherhood of Teamsters Pension Plan (Local
710) determined West was not entitled to a full pension. Considering the parties'
cross-motions for summary judgment, the district court granted summary judgment
in favor of Local 710, but denied Local 710's request for attorney fees.... More... $0 (06-16-2008 - IA)
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RE/MAX River Cities v. Mel Foster Company
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RE/MAX River Cities, Bettendorf, sued Mel Foster after the Quad-City real estate company altered its commission split with all RE/MAX offices from 60/40 percent to 80/20 percent in April 2007. The reduction meant that when Mel Foster was the listing agent and a RE/MAX customer purchases that property, the RE/MAX commission share drops from 40 percent to 20 percent. Mel Foster Co., decided to chang... More... $0 (06-07-2008 - IA)
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Jack Gross v. FBL Financial Services
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FBL Financial Group (FBL) appeals a jury verdict in favor of Jack Gross, an
employee who alleged that FBL violated the Age Discrimination in Employment Act
(ADEA) by demoting him because of his age in 2003. FBL challenges the final jury
instructions adopted by the district court, the district court's decision to exclude
certain testimony, and the court's denial of FBL's motions for judgment as... More... $0 (05-28-2008 - IA)
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Ashlie E. Van Horn v. Best Buy Stores, L.P.
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Ashlie Van Horn brought an action in state court for retaliatory discharge
against her former employer, Best Buy Stores, L.P., and her store manager, Jeff Clark.
After removing the case to federal court, the defendants moved for summary
judgment, which the district court1 granted. Ms. Van Horn appealed and we affirm.
Ms. Van Horn began working for Best Buy as a sales manager in-training at its... More... $0 (05-23-2008 - IA)
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Ashlie E. Van Horn v. Best Buy Stores, L.P.
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Ashlie Van Horn brought an action in state court for retaliatory discharge
against her former employer, Best Buy Stores, L.P., and her store manager, Jeff Clark.
After removing the case to federal court, the defendants moved for summary
judgment, which the district court1 granted. Ms. Van Horn appealed and we affirm.
Ms. Van Horn began working for Best Buy as a sales manager in-training at its... More... $0 (05-23-2008 - IA)
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Sheryl Rogers v. United States Postal Service, et al.
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Sheryl Rogers sued the United States Postal Service on a civil rights theory, 42 U.S.C. 2000e, claiming that she was discriminated against because she is African-American (Black). Rogers claimed that she was harassed beginning in 1999, when she was assigned to a new area of the post office. Rogers testified that she endured chants of racial epithets from coworkers. She further claimed that one of... More... $382500 (05-09-2008 - IA)
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Cemen Tech, Inc. v. Three D Industries, LLC, et al.
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When the defendants in this case began to manufacture a cement
mixer similar to one manufactured by Cemen Tech (CTI), CTI sued them,
alleging breach of contract, misappropriation of trade secrets, unfair
competition, and breach of fiduciary duty. The district court granted the
defendants' motion for summary judgment on virtually all of the
plaintiff's claims, and the plaintiff appealed. We af... More... $0 (05-09-2008 - IA)
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Family and Estate of Kyle Wasson v. James Warkentin
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The Family and Estate of Kyle Wasson sued Liberty, Iowa Police Chief James Warkentin on a wrongful death theory claiming that Officer Warkentin used excessive force when he shot and killed Wasson as the struggled at the conclusion of a high speed chase in NOrth Liberty in August 2003.
Chief Warkentin claimed that he believed that Wasson represented a threat to him when he shot him.... More... $0 (04-04-2008 - IA)
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Friedman & Friedman, Ltd., et al. v. Tim McCandless, Inc., et al.
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Plaintiffs sued Tim McCandless, Inc. and others on fraud and breach of contract theories, claiming that the defendants misrepresented the condition of a used Cessna P210 that plaintiffs purchased in 2002. Plaintiffs paid $202,000 for the aircraft claimed that they did not learn until after the plane was delivered to the Waukegan Municipal Airport in Illinois that it needed $26,000 in repairs, larg... More... $76460 (04-02-2008 - IA)
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Tony Blackford v. Prairie Meadows Racetrack and Casino
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Tony Blackford sued the Prairie Meadows Racetrack and Casino on a conversion theory claiming that the Casino had not right to refuse to pay him the $10,000 that he thought that he had won playing slot machines at the casino on May 5, 2006.
Defendant asserted that Blackford was not entitled to the money because he was trespassing when he won the money, having been banned from the property i... More... $0 (04-02-2008 - IA)
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Kenneth Seymour v. City of Des Moines
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Kenneth and Rachel Seymour appeal from the district court's1 order granting
summary judgment to the City of Des Moines, Iowa ("the City"), and Des Moines
police officers Detective Brian Danner and Sergeant Barry Arnold (collectively "the
defendants"). We affirm.
I.
A. The Events of March 20, 2002
On March 20, 2002, the Seymours (whom we shall refer to by their first names)
we... More... $0 (03-27-2008 - IA)
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Lindsay M. Deutmeyer v. Mitchell A. Deutmeyer
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Lindsay M. Deutmeyer sued, her cousin, Mitchell A. Deutmeyer on an auto negligence theory claiming that Mitchell failed to exercise due care in the operation of the vehicle in which she was a passenger and as a direct result the car was involved in an accident on Iowa 136 in which his SUV rolled over and she was ejected from the vehicle and injured. After three years Ms. Deutmeyer she still is un... More... $1114000 (03-15-2008 - IA)
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Bernard Buechel v. Five Star Quality Care, Inc. d/b/a Prairie Ridge Care & Rehabilitation, et al.
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In this case, we are presented with an appeal of a district court
order granting summary judgment to one defendant in a wrongful death
action on the grounds that the claim was barred by the relevant statutes
of limitations and repose. For the reasons presented below, we affirm the
order of the district court.
I. Factual Background and Prior Proceedings.
Juanita Buechel died during ... More... $0 (03-07-2008 - IA)
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Estate of Horst G. Blume; Headache & Pain Control Center, P.C. v. Marian Health Center
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Dr. Horst Blume and his professional corporation sued Marian Health Center
after it permanently revoked his staff privileges. Dr. Blume's complaint raised a
number of theories for relief, but the only one that survives is his claim that the
hospital breached its contract with him when it terminated his privileges without
giving him a hearing. The district court held as a matter of law that Mar... More... $0 (02-19-2008 - IA)
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Richard Dowell; Julie Dowell v. Wells Fargo Bank, N.A., Trans Union, L.L.C.
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Plaintiff debtors brought claims against a lender and a credit reporting agency
under the federal Fair Credit Reporting Act ("the Act"), 15 U.S.C. § 1681 et seq., the
Iowa Debt Collection Practices Act, Iowa Code § 537.7101 et seq., and Iowa's
common law of defamation. The district court1 granted summary judgment in favor
of the defendants, and we affirm.
Plaintiff Richard Dowell, a phys... More... $0 (02-28-2008 - IA)
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Elliot Anderson,et al v. CNH U S Pension,et al.
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This is a putative class action brought by several retirees of Case Corporation
against two entities that administer the company's pension and retirement plans. The
district court denied the plaintiffs' motion for class certification on June 30, 2006.
The defendants and the named plaintiffs reached a settlement agreement shortly
thereafter. The plaintiffs now appeal the district court's denial... More... $0 (02-07-2008 - IA)
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Wayne and Barbara Tetzlaff v. Tim and Glenna Camp
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Wayne and Barbara Tetzlaff sued Tim and Glenna Camp on a nuisance theory claiming that defendants' hog farm in Madison County, Iowa created health problems as a result of being exposed to hog manure spread on farm fields.
Defendants denied wrongdoing and affirmatively asserted that they strictly complied with all state rules and regulations and were not answerable for the nuisance that the... More... $0 (01-25-2008 - IA)
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Molo Quint, L.L.C. v. Estate of Grant V. Hoyt
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On June 23, 2004, Grant Hoyt and Molo Quint, L.L.C. entered into a lease agreement and a supply agreement. Both agreements were for a one-year term ending on June 30, 2005; had holdover and renewal provisions; and bound the parties' legal representative, successors, and assigns. Grant signed the agreements to aid his grandson, David Hoyt, in opening and operating a gas station, Hoyt Auto.
Gr... More... $0 (01-16-2008 - IA)
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Robert Chalupa and Laurilee Chalupa v. Kevin R. Kleopfer and Teresa L. Kleopfer
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Robert and Laurilee Chalupa purchased their residence at 827 West Madison Street in Washington in 1969. Kevin and Teresa Kleopfer purchased their residence at 902 West Monroe Street in 2003. In 2005, the Kleopfers purchased an empty lot at 816 West Monroe Street (lot 19), which is located two lots to the east of their 902 West Monroe residence.
Running along the boundary line between the pro... More... $0 (01-16-2008 - IA)
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Richard J. Collins v. Iowa, Chicago & Eastern Railroad
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Richard Collins was approximately sixty years old when he began working at IC&E as a locomotive mechanic in the summer of 2002. Before working for IC&E, Collins had worked in numerous positions ranging from a welder fabricator to a supervisory boilermaker.
On December 29, 2003, Collins felt sharp pain in his shoulders while he and a coworker lifted a large piece of a locomotive engine. ... More... $0 (01-18-2008 - IA)
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Beckey Palmer v. Karin Hofmann
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Palmer and Hofmann were involved in a vehicle accident on May 26, 2004. Palmer filed suit on May 23, 2006, asserting a negligence claim against Hofmann resulting in injuries and other damages to Palmer. Allied Mutual Insurance,1 Palmer's underinsured motorist policy carrier, was also a named defendant. Two file-stamped copies of the original notice and one file-stamped copy of the petition an... More... $0 (01-18-2008 - IA)
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Middle Road Developers, L.C., et al. v. Windmiller Design and Development Company, et al.
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Appellee Middle Road Developers, L.C., is the owner of real estate platted as Century Heights Twelfth Addition in the city of Bettendorf. At the time the area was being developed, Robert Fick, principal developer for Middle Road, was told by Bettendorf's planning staff that the city required outlots be set aside in the creek area of the addition for use as a stormwater detention area. The ded... More... $0 (01-18-2008 - IA)
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Kelly Sue Smithburg v. J&B Plastics, Inc. and Jay Silverman
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The summary judgment record reveals the following undisputed facts. Smithburg began working for J & B Plastics in 1999 as an administrative assistant for Silverman. She was in charge of "payroll, typing reports on manufacturing, accounts payable, typing sales quotes and bills of lading, and handwriting some checks."
A couple of years before Smithburg began working for J & B Plastics she... More... $0 (01-18-2008 - IA)
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Karen Waterman v. Nashua-Plainfield Community School District
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Karen Waterman was a teacher with the Nashua-Plainfield Community School District. During the 2001-2002 school year the school district offered its employees an early retirement plan. The plan was open to applicants "between the ages of fifty-five and sixty on or before June 1, 2002." Waterman submitted an application to participate in the plan. The district superintendent informed Waterman t... More... $0 (01-18-2008 - IA)
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John H. Halterman v. Verl Jackson and Merle H. Crossett
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On April 15, 2003, Halterman and his friend, Deloris Tye, were traveling east on Interstate 80 (I-80) near Council Bluffs, Iowa. Soon after Halterman began driving on I-80, he encountered signs warning him of approaching road construction. The signs directed motorists traveling in the right lane to merge into the left lane. Barrels were also set up in the right lane to gradually taper traffic... More... $0 (01-18-2008 - IA)
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David Christensen v. Cesia Zelaya and Dagoberto Zelaya
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The plaintiff, David Christensen, sued the defendants, Cesia and Dagoberto Zelaya, for injuries sustained by Christensen in an automobile accident. Because the Zelayas admitted fault prior to the commencement of the trial, the issues at trial were limited to proximate causation and damages. The jury returned a special verdict form in favor of Christensen awarding him $4307.72 in damages, and ... More... $0 (01-18-2008 - IA)
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Katherine Huffman v. Cassandra Stammer, et al.
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On December 6, 2005, Katherine Huffman filed a lawsuit against Cassandra Stammer, Penny Pyle, and Merastar Insurance Co. Huffman alleged she had been injured when her vehicle was struck by a vehicle driven by Stammer on December 14, 2004. The vehicle Stammer was driving was owned by Pyle. Huffman claimed Stammer was operating the vehicle with Pyle's consent.1 Huffman also included a claim aga... More... $0 (01-16-2008 - IA)
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Robert Ayers v. Ford Motor Company
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Plaintiff appeals the district court decision granting Ford Motor Company's motion for directed verdict. We affirm.
I. Background Facts and Prior Proceedings
In May 2004 Robert Ayers left his home in his Ford F-250 pick-up pulling a trailer and two horses. After traveling a few miles, he saw smoke coming out of his truck. He pulled over and opened the hood to discover a fire. He c... More... $0 (01-16-2008 - IA)
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Dennis J. Pickens v. Steven Gardner and The Law Firm of Kiple, Denefe, Beaver, Gardner & Zingg, LLP
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Dennis Pickens appeals the district court's grant of summary judgment in favor of the defendants in a legal malpractice suit.
I. Background Facts and Proceedings
Pickens was employed by Soo Line Railroad (Soo Line). After sustaining an on-the-job injury to his back, Pickens sued his employer under the Federal Employee Liability Act. He prevailed in that action. Pickens returned to... More... $0 (01-16-2008 - IA)
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IFC Credit Corporation v. United Business & Industrial Federal Credit Union
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Norvergence sold telecommunications
equipment and services - or claimed to
do so. After three apparently flourishing years it collapsed.
The supposedly wondrous equipment it sold or
rented, which it called a Merged Access Transport Intelligent
Xchange (MATRIX) device, turned out to be a standard
integrated-access box with none of the benefits
that Norvergence had touted.
Our case i... More... $0 (01-17-2008 - IA)
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Kenneth W. Turner v. Iowa State Bank & Trust Company of Fairfield, Iowa and Earl Wallace Dick
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In this appeal we must decide whether the district court erred when it
sustained a motion to dismiss. Our court of appeals reversed the district
court's ruling, and on further review we agree the district court improperly
sustained the motion to dismiss. Accordingly, we affirm the decision of the
court of appeals, reverse the judgment of the district court, and remand the
case for furthe... More... $0 (12-18-2007 - IA)
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John Doe v. Roman Catholic Diocese of Davenport
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One hundred fifty-six plaintiffs claimed that the Roman Catholic Dioceses of Davenport negligently failed to protect them from sexual abuse by priests and lower-level employees dating from the late 1930s. ... More... $35000000 (12-04-2007 - IA)
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Christine Brenneman v. Famous Dave’s of America, Inc., et al.
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Christine M. Brenneman sued Famous Dave's of America, Inc., and David
Ryburn (collectively "Famous Dave's"), asserting they subjected her to a hostile work environment and retaliated against her, in violation of Title VII of the Civil Rights Act
of 1964, 42 U.S.C. § 2000e et seq., and the Iowa Civil Rights Act, Iowa Code § 216.1
et seq. The district court1 granted defendants summary judgment... More... $0 (11-16-2007 - IA)
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Employers Mutual Casualty Company, as subrogee of Crane Rental Company, Inc. v. Estate of Augusta G. Lartius, Rani S. Primmer and Kaumari J.V. Harvey, as Administrators
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Appellant Augustus Lartius d/b/a LPM Homes of Ames and d/b/a Lartius Property Management (Lartius) appeals from the district court's entry of a summary judgment ordering him to indemnify Crane Rental & Rigging Company Inc. (Crane Rental) for money paid on its behalf by appellee Employers Mutual Casualty Company (Employers), now subrogee as Crane Rental's liability insurance carrier. Lartius c... More... $0 (11-08-2007 - IA)
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Monica Brown-Kirkwood and Elton Kirkwood, Jr. v. The City of Cedar Rapids, Iowa
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In this slip-and-fall case, a jury awarded damages to the plaintiffs based on injuries sustained in a fall on an icy sidewalk. We conclude the trial court correctly submitted the issue of the city's actual or constructive notice of the sidewalk's condition to the jury. We reverse and remand, however, because we conclude the trial court should also have submitted the issue of municipal immunit... More... $0 (11-08-2007 - IA)
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Mark Davenport v. City of Corning, Marvin Steffen and Larry Drew
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Mark Davenport appeals from the district court rulings that granted summary judgment in favor of the City of Corning; its former mayor, Marvin Steffen; and its chief of police, Larry Drew; and dismissed his claims for conspiracy, defamation, harassment, and invasion of privacy. We affirm the judgment of the district court in part, reverse in part, and remand for further proceedings.
I. Back... More... $0 (11-08-2007 - IA)
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Zuhdija Napreljac v. John Q. Hammons Hotels, Inc.
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Zhudija Napreljac sued his former employer, John Q. Hammons Hotels, Inc.
(Hammons), alleging that he was wrongfully terminated as a hotel maintenance
engineer for falsely reporting a workplace injury. The district court1 granted
Hammons's motion for summary judgment. Napreljac v. John Q. Hammons Hotels,
Inc., 461 F. Supp. 2d 981 (S.D. Iowa 2006). Napreljac appeals the dismissal of two
clai... More... $0 (10-18-2007 - IA)
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STEPHEN GRAY and SHELLY
GRAY, Husband and Wife, v. JAMES R. OSBORN, III
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In this case, we consider whether landowners have an easement
across the property of an adjoining landowner or whether they committed
trespass when they attempted to exercise rights pursuant to the claimed
easement. The district court found that an express easement existed and
dismissed claims for trespass and injunctive relief. The court of appeals
reversed, and we granted further revie... More... $0 (10-08-2007 - IA)
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