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Iowa Negligence Law
 
Christine Wagner v. State of Iowa

Christine Wagner, individually and as the executor of Janice Brissey’s estate, appeals from the district court’s denial of her motion for new trial and judgment notwithstanding the verdict. She asserts the verdict is inconsistent with the facts of the case because the driver of the vehicle that struck Brissey’s car was—at least to some degree—negligent. Because we conclude that, given th... More...   $0 (10-15-2014 - IA)

Martha Duban v. Waverly Sales Co.

Thomas and Martha Duban brought a negligence action against Waverly Sales
Company (Waverly) arising out of injuries Martha sustained when she was stepped
on by a horse at a Waverly draft horse auction. The district court1 denied Waverly’s
1The Honorable Jon Stuart Scoles, United States Magistrate Judge for the
Northern District of Iowa, to whom the case was referred for final dis... More...
   $237535 (07-28-2014 - IA)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

Protective Insurance Company v. Daniel Griffin

In an action by insurer Protective Insurance Company (Protective) against Daniel Griffin to recover property damages resulting from a motor vehicle collision, Griffin appeals from the grant of summary judgment in favor of Protective. Griffin asserts the district court erred in granting the motion because (1) there is insufficient evidence to establish he was negligent, and (2) there is insufficien... More...   $0 (03-12-2014 - IA)

THE ESTATE OF TROY ELLIS HAAKENSON, By and Through its Administrator Melissa Haakenson, MELISSA HAAKENSON, as Parent and Next Best Friend of STEVEN HAAKENSON and KRISTINA HAAKENSON, and MELISSA HAAKENSON, Individually, Plaintiffs-Appellants, vs. CHICAGO CENTRAL & PACIFIC RAIL ROAD COMPANY d/b/a ILLINOIS CENTRAL GULF RAILROAD COMPANY, GEORGE PETERSON JR. and RICK MABE, Defendants-Appellees.

Melissa Haakenson, on behalf of the estate of her deceased husband Troy Haakenson, as parent and next best friend of her children, and in her individual capacity, filed suit against the Chicago, Central & Pacific Railroad Company, d/b/a the Illinois Central Gulf Railroad Company (“Chicago Central”), as well as two of its employees, George Peterson Jr. and Rick Mabe (collectively, hereinafter â... More...   $0 (03-12-2014 - IA)

Karen Rochford and Judge Rochford v. G.K. Development, Inc.

Plaintiffs, Karen and Jude Rochford, sued G.K. Development, owner of the College Square Mall in Cedar Falls, over injuries Karen sustained when she fell on an icy sidewalk outside the mall. G.K. Development filed a motion for summary judgment, asserting it was entitled to await the end of the storm before it attempted to remove the ice from the sidewalk. The district court agreed and granted the s... More...   $0 (02-05-2014 - IA)

Garry Slife v. Farmers Mutual Hail Insurance Company of Iowa

The plaintiffs, Garry, Carole, and Brian Slife (the Slifes), operate Pleasant Valley Dairy in Buchanan County. For several years, they purchased insurance from Central Iowa Mutual Insurance Association (CIMIA). Each year, they renewed their policy for a one-year duration. In 2011, CIMIA merged with and now does business as Farmers Mutual Hail Insurance Company (Farmers Mutual).

On November ... More...
   $0 (02-05-2014 - IA)

Dennis H. Hagenow v. Betty L. Schmidt

In this appeal, we revisit the doctrine of legal excuse and the sudden emergency defense, as applied to a rear-end collision the jury could have found was caused by defendant’s stroke and resulting partial loss of vision. Plaintiffs’ truck was stopped at a red light in good weather when it was struck by defendant’s car. Defendant saw the red light but denied seeing plaintiffs’ vehicle. At ... More...   $0 (02-12-2014 - IA)

DARREN BARRETT, Plaintiff-Appellant, vs. AMANDA SWANK and AEROPOSTALE, INC., Defendants-Appellees.

Darren Barrett appeals the district court order denying his motion for new trial, motion for judgment notwithstanding the verdict, and request for a sudden emergency instruction. We determine a reasonable jury could find the defendant, Amanda Swank, was not negligent in operating a motor vehicle. We also reject the claim that Swank was negligent as a matter of law because there was evidence indica... More...   $0 (12-18-2013 - IA)

PAMELA SUE HOOK vs. TITO TREVINO, Individually, and TITO TREVINO d/b/a TREVINO LAW OFFICES

This legal malpractice action presents three questions of first impression. In Hook v. Lippolt, we held the defendants in plaintiff Pamela Hook’s personal injury action—the State of Iowa and a volunteer driver for the Iowa Department of Human Services—were entitled to summary judgment under the statute of limitations and volunteer-immunity provisions of the Iowa Tort Claims Act, respectively... More...   $0 (01-08-2014 - IA)

Larry D. Schaefer v. Dale L. Putnam

In this appeal, we are asked to interpret Iowa Code section 654A.6(1) (2009) when a farm creditor, after being sued regarding the validity of its mortgages, brought a counterclaim to foreclose the mortgages without first obtaining a mediation release. Larry and Elaine Schaefer filed suit against their sons, their former attorney, Dale Putnam, a limited liability company, SMP, L.L.C. (SMP), and oth... More...   $0 (12-13-2013 - IA)

William L. Burkhalter v. Steve P. Burkhalter

William Burkhalter challenged an unfavorable modification of his father’s revocable trust that occurred just prior to his father’s death. William claimed his brother, Steven Burkhalter, unduly influenced their father and tortiously interfered with the trust. William also alleged his father lacked the necessary testamentary intent when he made the modification. At trial, the district court dire... More...   $0 (12-20-2013 - IA)

ST. MALACHY ROMAN CATHOLIC CONGREGATION OF GENESEO, ILLINOIS; STEVE BRISTOL; CONNI BRISTOL; and KEWANEE AREA UNITED WAY vs. DONNA K. INGRAM, as Executor of the ESTATE OF JAMES INGRAM, and ROBERT W. BAIRD & CO., INC.

This case requires us to decide whether a financial advisor to an individual can be sued by identified beneficiaries of the individual’s signed written estate plan when, due to the advisor’s allegedly negligent performance of his duties, those beneficiaries do not receive what they were supposed to get under the plan. We conclude the rationale of Schreiner v. Scoville, 410 N.W.2d 679, 682 (Iow... More...   $0 (12-27-2013 - IA)

Jackie Kush v. Patrick M. Sullivan, M.D.

Jackie Kush sued Dr. Patrick Sullivan, her orthopedic surgeon, alleging he engaged in professional negligence by using the wrong size prosthetics when replacing her knees. She designated Dr. Charles Clark, the treating physician who performed revision surgery on her knees, as the only expert witness in her medical malpractice suit. But when deposed by the defense, Dr. Clark said Kush had not hired... More...   $0 (06-12-2013 - IA)

D & W Development, Inc. v. The City of Milford, Dickinson County, Iowa

D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r... More...   $0 (05-15-2013 - IA)

Melvin Folkerts v. City of Waverly

Melvin and Idella Folkerts are the legal guardians and conservators of their adult son, Travis Michael Folkerts. In May 2008, Travis1 was investigated and charged with sexual assault. Alleging deprivation of his constitutional and statutory rights, the Folkertses sued the City of Waverly, Iowa, and Troy Schneider, an investigator with the police department. The district court2 granted summary judg... More...   $0 (02-25-2013 - IA)

Hardin County Drainage District 55, Division 3, Lateral 10 v. Union Pacific Railroad Company

In this appeal, we must determine under Iowa’s laws relating to drainage districts, who is responsible for the costs to repair and improve old underground drainage tiles which run under a railroad roadbed. Hardin County Drainage District 55 (Hardin County) argues that the Union Pacific Railroad Company (Union Pacific) should be responsible for repair of a subterranean drainage tile found under i... More...   $0 (02-01-2013 - IA)

American Family Mutual Ins. Co v. Richard Hollander

American Family Mutual Insurance Company ("American Family") appeals the district court's1 order denying its motion for judgment as a matter of law or, in the alternative, for a new trial and awarding Richard N. Hollander $261,781.53 in attorney's fees pursuant to section 91A.8 of the Iowa Wage Payment Collection Law ("IWPCL"). We affirm.

I

American Family is a mutual insurance c... More...
   $0 (02-01-2013 - IA)

Gail Bierman v. Scott Weier

This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the author’s words, the book is “based on my life.” It discusses Scott’s personal transformation, largely through his relationship with God, following his divorce “on bad terms” from his first wife. Scott’s ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering ... More...   $0 (01-18-2013 - IA)

Gary Craig v. City of Cedar Rapids, Iowa

Gary Craig appeals the grant of summary judgment on his three tort claims—malicious prosecution, false arrest, and defamation—against his former employer, the City of Cedar Rapids. Craig claims there is at least one disputed fact question for each claim, which should have precluded summary judgment. The City contends the district court was correct on all grounds. We affirm.

I. Backgroun... More...
   $0 (12-14-2012 - IA)

Two Rivers Bank & Trust v. Vanya Atanasova

This negligence action grew out of a highway collision in Iowa. Kala Holtkamp was driving at night with her fiancĂ©, Christopher Davis, and her two year old son, K.H., when she collided with the rear of a semi truck driven by Vanya Ilieva Atanasova. Davis was killed, K.H. was seriously injured, and Holtkamp fractured a vertebra in her neck. Holtkamp, K.H.'s father, and representatives for Davis an... More...   $0 (07-24-2012 - IA)

Kayla Nemmers v. Ford Motor Company

Plaintiff Kayla Nemmers filed a products liability action against Defendant Ford Motor Company, alleging that a lap-only seatbelt installed in the front-center seat of a 2002 Ford F-250 pickup failed to restrain her torso during an accident. After trial, the jury returned a verdict in favor of Ford. Nemmers appeals, arguing the district court committed reversible error 1 in its evidentiary rulings... More...   $0 (07-11-2012 - IA)

Michele M. Pitts v. Farm Bureau Life Insurance Company

This case requires us to determine whether a life insurance agent owes a duty of care to the intended beneficiary of a life insurance policy. Additionally, we must decide whether a life insurance agent can be liable for negligent misrepresentation when he provides information to the insured and the intended beneficiary regarding the beneficiary designation listed on the life insurance policy. If w... More...   $0 (07-06-2012 - IA)

Honda Hall v. Jennie Edmundson

The plaintiffs in this case sued a surgeon alleging negligent performance of a pancreaticoduodenectomy and sued a hospital contending it negligently granted credentials to the surgeon. In this appeal from a bench trial, the plaintiffs contend the district court applied the wrong standard of care in adjudicating their claim of negligent credentialing against the hospital. Because we conclude the di... More...   $0 (04-13-2012 - IA)

Hormel Foods Corp. v. Crystal Distribution Services, Inc.

Hormel Foods Corp. sued Crystal Distribution Services, Inc. on a breach of contract and negligence theories claiming that it suffered losses and damages to products owned by it caused by flooding of Defendant's warehouse in 2008.

Defendant's warehouse flooded as a result of unusually large amounts of rain. The electrical system for the warehouse failed and the produce stored in the facilit... More...
   $4002000 (04-20-2012 - IA)

Sheria Walker v. Eddie Dean Bales

Sheria Walker Individually, and as Parent and Next Friend of MW, a Minor, and EW, a Minor, and Gaberial Walker sued Eddie Dean Bales on an auto negligence theories claimed to have been injured in a car truck wreck caused by Bales. Plaintiffs also sued Gann West Trucking, LLC on respondeat superior theories claimed that Bales was acting on its behalf at the time of the accident.... More...   $0 (03-15-2012 - IA)

Milorad Savic v. Lance Ross Sparks

Milorad Savic, Craig M. Blair and Vivian Blair sued Lance Ross Sparks on an auto negligence theory claiming to have been injured in a car truck wreck caused by Sparks. Plaintiffs also sued Lincoln Trucking Company on a respondeat superior theory claiming that Sparks was acting on its behalf at the time of the accident.... More...   $0 (03-02-2012 - IA)

Thomas Linden, Jr. v. CNH America

Plaintiff Thomas Lowell Linden, Jr., filed a products liability action against Defendant CNH America, LLC (CNH), based on injuries Linden sustained while operating a CNH-manufactured bulldozer, and a jury returned a verdict in favor of CNH. Linden now appeals, arguing the district court1 committed reversible error by granting a directed verdict to CNH on his manufacturing defect claim, in its choi... More...   $0 (03-14-2012 - IA)

Olive M. Mwangi v. Kathleen J. Foster-Wendel

The plaintiff, AllenMatthew Kimathi, appeals from an adverse verdict in this medical malpractice action, contending the district court erred in denying motions for directed verdict and for new trial. Because there was conflicting expert testimony as to whether the standard of care was breached, the district court did not err in sending the case to the jury or abuse its discretion in denying the mo... More...   $0 (12-21-2011 - IA)

Michael A. Hillman v. Scott Cannon

The issue presented by this case is whether Scott and Lori Cannon and their son-in-law, Christopher Lundgren, formed a partnership under Iowa Code section 486A.202 (2009) in their operation of a dairy farm. We agree with the district court that no partnership was formed and affirm its judgment so holding.

I. Background Facts and Proceedings.

Scott and Lori Cannon own a farm in northe... More...
   $0 (12-21-2011 - IA)

Kenneth R. Smith v. HD Supply Water Works, Inc.

The question in this appeal is whether a half-century-old federal common-law rule assigning liability to carriers to secure their cargo before driving their tractor-trailers entitled HD Supply Waterworks Ltd.—whose employee loaded a large pipe onto Kenneth Smith’s flatbed at its warehouse facility—to summary judgment in the negligence suit brought by the injured truck driver and his wife. Pl... More...   $0 (12-21-2011 - IA)

James Cunningham v. Aviva Life and Annunity Company

James Cunningham appeals from the district court order granting summary judgment in favor of Aviva Life and Annuity Company (Aviva). Cunningham argues the district court erred in granting summary judgment on Aviva’s breach of contract and indemnification claims, as well as awarding attorney fees. We hold that the entry of summary judgment on Aviva’s breach of contract claim was proper. However... More...   $0 (12-07-2011 - IA)

Connie Newlin v. Donald Callender

Connie Newlin, a servient estate holder, appeals a district court ruling that dismissed her petition seeking damages and to enjoin Donald and Ramona Callender (the Callenders), the dominant estate holders, from directing water in their pond onto Newlin‘s property. She further requests that we vacate the district court‘s injunction granted to the Callenders which prevents Newlin from blocking t... More...   $0 (11-09-2011 - IA)

Wiley Whitacre v. Bill Brown

Wiley Whitacre sustained injuries in the course of his job duties and sued several supervisory and management co-employees for gross negligence. The district court granted summary judgment in favor of the defendants. On appeal, Whitacre contends genuine issues of material fact precluded summary judgment. We affirm.

I. Background Facts and Proceedings.

The summary judgment record reve... More...
   $0 (10-19-2011 - IA)

Charles Furnald v. Anthony Hughes

This case requires that we consider the scope of Iowa’s savings statute that continues the deadline imposed by the statute of limitations for six months when “the plaintiff, for any cause except negligence in its prosecution, fails therein.” Iowa Code § 614.10 (2009). In this case, the plaintiff brought a personal injury action arising out of an automobile accident. The plaintiff voluntaril... More...   $0 (09-30-2011 - IA)

Todd A. Mulhern v. Catholic Health Initiatives a/k/a Catholic Health Initiatives

Elizabeth Von Linden, a successful business executive, took her own life three weeks after she was discharged as an inpatient from defendant Mercy Hospital’s psychiatric ward and six days after her outpatient office visit with Mercy’s psychiatrist. Her husband brought a wrongful death action against Mercy, alleging negligent care. Mercy raised defenses, including Von Linden’s comparative neg... More...   $0 (06-24-2011 - IA)

Mark Peak v. Ellis Adams

Iowa has a strong public policy favoring settlements. This appeal decides the enforceability of a “Release of All Claims” that plaintiff, Mark Peak, signed on the advice of his attorney. Peak broke his leg while helping defendants, Ellis and Rachel Adams, move furniture using a rented U-Haul truck. The liability insurer for U-Haul paid its policy limits of $20,000 to Peak and his attorney in e... More...   $0 (07-01-2011 - IA)

Annett Holdings, Inc. v. Kum & Co., L.C.

A dishonest employee of a trucking company put money in his pocket while claiming to be buying fuel for his fellow employees. This fraud was perpetrated at a truck stop, where the employee used his company credit card to obtain cash while reporting purchases of fuel. The truck stop paid out the cash, accepting the employee’s bogus explanation that the money was for other employees’ fuel purcha... More...   $0 (07-08-2011 - IA)

William N. Plymat v. The City of Mason City

William Plymat appeals from the district court order entering judgment in favor of the defendants on his claims. He contends summary judgment was improvidently granted because there are genuine issues of material fact in dispute. Our review is for the correction of errors at law. Green v. Racing Ass’n of Cent. Iowa, 713 N.W.2d 234, 238 (Iowa 2006).

A motion for summary judgment should onl... More...
   $0 (03-07-2011 - IA)

Tim McCandless, Inc. v. Gene Yagla

In this legal malpractice case, the plaintiffs request further review of the court of appeals’ decision reversing the district court’s decision to admit evidence of the smell of alcohol on the defendant’s breath during trial and to submit jury instructions on the third and fourth specifications of negligence. The court of appeals remanded for a new trial on the merits of only the third and f... More...   $0 (02-18-2011 - IA)

 
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