Iowa Imputed Fault Law
In the Iinterest of K.R., a Minor Child, A.T., Mother
<h2><br> Davenport, Iowa termination of parental rights family law lawyer represented the Defendant.<br> </h2><br> <br> <br> The juvenile court terminated the mother's parental rights to K.R., born in 2014, pursuant to Iowa Code section 232.116(1)(d), (e), (f), and (i) (2024).[1] The mother appeals, challenging the statutory grounds for termination and whether the loss of her rights is in K.R.'s b... More...
$0 (08-21-2024 - IA)In the Matter of the Marriage of S.W. and M.W.
<h2><br> Olathe, Kansas divorce lawyers represented the Petitioner and the Respondent in a marriage dissolution action.<br> </h2><br> <br> <br> Following a contested trial in a divorce action, the district court entered a final journal entry and decree of divorce in November 2021. Relevant to this appeal, the court ordered the parties to share joint legal custody of their four minor children with ... More...
$0 (08-16-2024 - IA)Judith Wurster v. The Plastics Group, Inc.
<center><br> <img width="300" src="https://www.justice.gov/sites/default/files/fieldable-panel-panes/image-panes/images/2017/04/26/annex_building.jpg"><br> </center><br> <br> James Wurster (“Mr. Wurster”) suffered fatal burns when a gas can<br> manufactured by Appellee The Plastics Group, Inc. (“TPG”) exploded as he was<br> burning garbage on his farm in Iowa. His wife, Judith Wurster (“... More...
$0 (02-26-2019 - IA)State of Iowa v. Beau Tremaine Berge
<center><br> <img width="400" src=" http://s3.amazonaws.com/nixle/uploads/pub_media/user2264-1248213336-7978-13A.JPG "><br> <h2> <font color="red"> </font> </h2><br> </center><br> In July 2007, Berge was charged with one felony drug count in Dickinson <br> County case No. FECR016893, as well as two related charges in case Nos. <br> SM065539 and SM062381. Berge retained private counsel and fil... More...
$0 (11-06-2018 - IA)State of Iowa v. Paul R. Knudsen
<center><h2> <font color="red"> Three counts of <br> sexual abuse in the third degree and one count of lascivious conduct with a minor </font> </h2><br> </center><br> <center><h2><br> <p style="border:3px; border-style:solid; border-color:#FF0000; padding: 0em;"><br> <font color="red">Morelaw Internet Marketing</font><br> <a href="http://www.morelaw.com/lawyers/recent.asp" target="_new"> Nation... More...
$0 (10-21-2018 - IA)Anthony S. Jones v. Great River Medical Center and Maria Schnitzer, M.D. <table> <td>
On April 28, 2015, Jones sought treatment for a “cardiac event” at Great <br> River’s emergency room (ER). Jones alleges during his visit, ER doctor Schnitzer <br> breached her duty of confidentiality by “blurting out a statement” that he “just tested <br> positive for methamphetamine in his bloodstream.” <br> On Friday, April 28, 2017, at 11:58 p.m., counsel for Jones filed a pet... More...
$0 (09-15-2018 - IA)GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department <table> <td>
When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court: <br> The incidents giving rise t... More...
$0 (07-04-2018 - IA)BRIAN K. ALLISON vs. STATE OF IOWA <table> <td>
A jury convicted Brian Allison of three counts of sexual abuse in the third degree in 2011. He appealed his conviction. In his direct appeal, Allison argued the district court erred in not granting him a new trial based upon the weight of the evidence under Iowa Rule of Criminal Procedure 2.24(2)(b)(6). Among other things, Allison noted the victim, his stepdaughter, initially denied the abuse, ... More...
$0 (07-03-2018 - IA)United States of America v. Gervais (Ken) Ngombwa
The Rwandan Genocide is one of the darkest chapters in human history. Over<br> the span of 100 days, an estimated 800,000 people died. At least a million more were<br> displaced. During and shortly after the tragedy, the United States admitted a limited<br> number of refugees from Rwanda with priority given to those who were in the most<br> danger. Among those admitted were Gervais (“Ken”) Ngo... More...
$0 (06-22-2018 - IA)STATE OF IOWA vs. MARSEAN T. FENTON <table> <td>
In November 2015, the State charged Fenton with burglary in the third <br> degree from a motor vehicle, an aggravated misdemeanor, in violation of Iowa <br> Code section 713.6A(2) (2015). Fenton entered a written guilty plea, allegedly <br> conditioned upon the court’s acceptance of the negotiated sentence including a <br> 180-day suspended jail term. Fenton planned to request a deferred judgm... More...
$0 (06-25-2018 - IA)SHATANI BUCK JR. vs. STATE OF IOWA <table> <td>
Ignoring his own misconduct, Shatani Buck Jr. blames his current plight on <br> his plea counsel and asks that his felon-in-possession-of-firearm conviction be <br> tossed. We affirm the district court’s denial of Buck’s application for postconviction <br> (PCR) relief. <br> In December 2012, Buck was charged by trial information with Count I, felon <br> in possession of a firearm, in violat... More...
$0 (04-06-2018 - IA)DENIS GAILEY vs. STATE OF IOWA <table> <td>
In its ruling affirming Gailey’s convictions on direct appeal, this court set <br> forth the following facts surrounding the incident leading to Gailey’s charges: <br> The charges at issue in this case arose from a series of events that occurred on April 25, 2007. At the time, Gailey was under a protective order prohibiting contact with his wife, Dawn, and step-daughter, Jane Doe II. Dawn, ... More...
$0 (07-25-2017 - IA)DENIS GAILEY vs. STATE OF IOWA <table> <td>
In its ruling affirming Gailey’s convictions on direct appeal, this court set <br> forth the following facts surrounding the incident leading to Gailey’s charges: <br> The charges at issue in this case arose from a series of events that occurred on April 25, 2007. At the time, Gailey was under a protective order prohibiting contact with his wife, Dawn, and step-daughter, Jane Doe II. Dawn, ... More...
$0 (07-24-2017 - IA)STATE OF IOWA vs. MITCHELL SCOTT GAHAGAN <table> <td>
On November 23, 2013, Davenport police responded to a 911 call made <br> by Gahagan’s girlfriend alleging a domestic disturbance at Gahagan’s residence. <br> Based on comments made by the girlfriend to the officers after they arrived on <br> the scene, the officers obtained a search warrant to search for drugs in <br> Gahagan’s home and vehicle. During the search, officers located two plas... More...
$0 (06-15-2017 - IA)TAMARA STELLMACH and JOHN STELLMACH vs. STATE OF IOWA d/b/a UNIVERSITY OF IOWA HOSPITALS AND CLINICS <table> <td>
On February 22, 2008, Tamara underwent procedures for a voluntary <br> research project at the University of Iowa Hospitals and Clinics (UIHC) Center for <br> Digestive Diseases. The project included a biofeedback study employing <br> transcranial magnetic stimulation (TMS). The consent form for the study <br> described TMS as follows: “Magnetic stimulation uses very short single pulses of <br... More...
$0 (05-09-2017 - IA)STATE OF IOWA vs. STEPHANY RAMIREZ-HERNANDEZ <table> <td>
Stephany Ramirez-Hernandez, along with Liosvany Rodriguez, her <br> co-defendant, committed ongoing credit card fraud throughout Iowa from <br> April 29, to May 11, 2015. After making purchases totaling nearly $1500, <br> Ramirez-Hernandez and Rodriguez were arrested. <br> Ramirez-Hernandez and Rodriguez both retained attorney Benjamin <br> Bergmann (attorney Benjamin) to represent them. Ramire... More...
$0 (04-06-2017 - IA)STEPHEN SHAWN KEYES vs. STATE OF IOWA <table> <td>
<center><a href="http://www.morelawsuites.com/" target="_new"><h2><font="Red">MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa-- Best Places In Downtown Tulsa To Practice Law </h2></font></a><br> </center><br> In the early morning hours of December 26, 1996, Keyes’s wife, Sandra, <br> and two-year-old son, Joshua, died in a house fire. The State accused Keyes of <br> setting t... More...
$0 (03-24-2017 - IA)<b>RICK PETRO vs. STATE OF IOWA</b>
In August 2009, Petro was arrested and charged with domestic abuse <br> assault causing bodily injury. It was alleged Petro had assaulted his wife in front <br> of their two children. As a result, DHS became involved with the family and a <br> founded child abuse assessment—for denial of critical care—resulted. The State <br> filed petitions alleging the children were children in need of a... More...
$0 (02-10-2017 - IA)<b>William Brandon, Jr. and Sarah Brandon v. Buddy & Pal's III, Inc., d/b/a Buddy & Pal's Place and Thomas Walker</b>
On March 10, 2012, Brandon and his wife went to Buddy & Pal’s Place, a bar <br> in Schererville, for a birthday party. Walker was attending the same birthday <br> party, although Brandon and Walker did not know each other. <br> <br> At some point, Brandon and Walker got into a verbal argument. According to <br> Walker, Brandon told him “I’ll ‘F’ you up, punk.” Tr. p. 86. A Buddy ... More...
$0 (10-15-2016 - IA)STATE OF IOWA vs. JOHN ARTHUR SENN JR.
In the early morning hours of Labor Day, September 1, 2014, Officer Brian Cuppy was on patrol in downtown Des Moines when he saw a truck eastbound on Court Avenue stop for a red light in the middle of the intersection with Water Street with its “back tires . . . more than five feet past the cross walk.” Officer Cuppy followed the truck, activated his police cruiser’s flashing lights, and in... More...
$0 (06-25-2016 - IA)DES MOINES FLYING SERVICE, INC. vs. AERIAL SERVICES INC.; CEDAR VALLEY AVIATION, LLC; and KIRK P. FISHER
On February 20, 2009, Cedar Valley Aviation, a wholly owned subsidiary of Aerial Services, Inc. (ASI), brought a Piper 522AS (Cheyenne II) in for maintenance to Des Moines Flying Service, Inc. (DMFS). Among numerous other checks and repairs, DMFS noted both the pilot’s and copilot’s windshields were “delaminated” and installed new windshields. The replaced windshields were original to th... More...
$0 (06-09-2016 - IA)STATE OF IOWA vs. SHANEKA NASHEA ALEXANDER
On February 11, 2015, a jury found Alexander guilty of interference with <br> official acts inflicting bodily injury, an aggravated misdemeanor, and interference <br> with official acts, a simple misdemeanor. Both crimes constituted violations of <br> Iowa Code section 719.1 (2013). <br> Evidence presented by the State at trial established Alexander was <br> present when officers arrived at an ... More...
$0 (05-26-2016 - IA)STATE OF IOWA vs. DEMETRIUS S. RIMMER vs. RONA MURPHY vs. MELONICKA THOMAS
The trial information and minutes of testimony allege these facts, which we accept as true for purposes of this appeal.1 The defendants, Demetrius Rimmer, Rona Murphy, and Melonicka Thomas, participated in an insurance fraud ring that staged car accidents in Chicago, Illinois. Murphy and Thomas are Illinois residents, and their vehicles were registered in Illinois. Rimmer is a Milwaukee, Wiscon... More...
$0 (03-25-2016 - IA)STATE OF IOWA vs. JOSHUA SCOTT PEARSON
On November 4, 2011, the State charged thirty-one-year-old Joshua Scott Pearson with committing sex acts with a fifteen-year-old girl. On April 17, 2012, Pearson pled guilty to two counts of sexual abuse in the third degree in violation of Iowa Code section 709.4(2)(c)(4) (2011). This section criminalizes the performance of a sex act with a fourteen- to fifteen-year-old person by an individual a... More...
$0 (03-06-2016 - IA)BRUCE BAKER vs. BRIDGESTONE/FIRESTONE and OLD REPUBLIC INSURANCE
Bruce Baker works for Bridgestone/Firestone1 at its Des Moines plant. He has worked for the company since 1994. At the time of the arbitration hearing in this case, he was a maintenance mechanic in the hoist department. As a maintenance mechanic, Baker inspected and repaired machines located at the Bridgestone plant. This position often required him to work on scissor lifts suspended up to twe... More...
$0 (12-18-2015 - IA)KEVIN BRYANT vs. ROBERT LEE RIMRODT and GEICO GENERAL INSURANCE COMPANY
On the evening of November 15, 2007, Lori Parr test drove a used SUV with Kevin Bryant, a salesperson at a Pat McGrath auto dealership in Cedar Rapids. Bryant directed Parr to drive down Edgewood Road so she could experience city driving in the SUV. Parr made an illegal left turn, and the SUV was struck on the passenger side by a car driven by Robert Rimrodt. Bryant hit his head and briefly los... More...
$0 (12-14-2015 - IA)DALE GOETTSCH, KATHY GOETTSCH, MARGARET STEFFEN vs. THOMAS GOETTSCH, BRIAN GOETTSCH, CIRCLE G FARMS, INC., GOETTSCH FARMS
Petitioners Dale Goettsch, Kathy Goettsch, Margaret Steffen and Defendants Thomas <br> Goettsch and Brian Goettsch are shareholders of Circle G Farms, Inc., a closely-held Iowa farm <br> corporation. Defendants Tom Goettsch and Brian Goettsch, at all relevant times, have been <br> directors and officers of Circle G Farms, Inc. Paul Goettsch is no longer a shareholder but was <br> previously a dir... More...
$0 (11-29-2015 - IA)STATE OF IOWA, EX REL. MARKESE WILLIAMS, vs. ERIC C. ONYANGO
Eric Onyango filed an application to modify his child support obligation on <br> August 15, 2012. An order for temporary modification of child support was <br> entered October 16, 2012, reducing Onyango’s support obligation from $466.00 <br> to $10.00 per month. A trial scheduling order was entered on October 26, 2012, <br> setting the trial date for July 25, 2013, and setting a pretrial and s... More...
$0 (11-25-2015 - IA)DEREK CROW vs. EDWIN E. SIMPSON, Individually and d/b/a SIMPSON TRUCKING AND EXCAVATING
Edwin Simpson operates a trucking and excavation business and performs various duties for the City of Albia including, among other things, digging for the sewer and water departments. On July 29, 2008, Simpson obtained a building permit to move his house from Pella to North Ninth Street in Albia. Prior to commencing work on the sewer connection, Simpson attempted to obtain the necessary permit f... More...
$0 (10-30-2015 - IA)MENARD, INC. and PRAETORIAN INSURANCE COMPANY vs. DALE SIMMER
In July 2003, Menards employed Simmer as a sales clerk and promoted <br> him to assistant manager and then to manager of his department. In his <br> positions at Menards, Simmer was often required to carry goods throughout the <br> store and to customers’ cars in the parking lot. He carried appliances, rolls of <br> carpet, buckets of paint, and other items. These loads sometimes reached up t... More...
$0 (08-19-2015 - IA)CSS2 ENTERPRISE, INC. vs. FARMERS COOPERATIVE COMPANY, STEVE MUHLENBRUCH, and NEW COOPERATIVE, INC
CSS2 is a small farming corporation. Steve Muhlenbruch is the agronomy <br> manager of Farmers Cooperative Company. At Muhlenbruch’s direction, an <br> employee of Farmer’s Cooperative Company entered CSS2’s property and <br> sprayed chemicals that killed the corn crop. (Hereafter we refer to Farmers <br> Cooperative Company and Muhlenbruch jointly as “the Coop.”) On April 25, <br> 20... More...
$0 (08-19-2015 - IA)Tamco Pork II v. Heatland Co-Op and PRo Build, LLC
Tamco Pork II, LLC, and Farm Bureau Mutual Insurance Company, as <br> subrogee, (collectively, hereinafter “Tamco”) pursue this appeal following an <br> adverse jury verdict in their action for negligence against Heartland Co-op and <br> Pro Build LLC. Tamco’s claim against the defendants arises out of a fire <br> occurring at Tamco’s newly renovated hog-production facility. On appeal, T... More...
$0 (07-22-2015 - IA)Michigan Millers Mutual Ins. v. Asoyia, Inc.
In 2006, Asoyia, LLC (now Asoyia, Inc.), an Iowa producer of soybean oil,<br> purchased a general commercial agribusiness insurance policy and a commercial<br> umbrella liability policy from Michigan Millers Mutual Insurance Company<br> (Michigan Millers). The policies covered general liability on an occurrence basis.<br> After a fire on June 18, 2007, destroyed the Sunnyside Country Club (Sunnysi... More...
$0 (07-16-2015 - IA)State of Iowa v. Damion John Seats
A juvenile offender convicted of first-degree murder appeals his<br> resentencing to life in prison without the possibility of parole. In this<br> appeal, we determine the factors a court must use when it sentences a<br> juvenile offender for first-degree murder. Because the district court did<br> not have the benefit of this decision when it sentenced the juvenile, we<br> vacate the sentence and ... More...
$0 (06-26-2015 - IA)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, give... More...
$0 (10-15-2014 - IA)IN RE THE MARRIAGE OF MATTHEW R. SEVERIN AND BOUAPHAN S. SEVERIN Upon the Petition of MATTHEW R. SEVERIN, Petitioner-Appellant/Cross-Appellee, And Concerning BOUAPHAN S. SEVERIN, Respondent-Appellee/Cross-Appellant.
Matthew Severin appeals from the decree dissolving his marriage to Bouaphan Severin. Matthew asserts (1) the district court's award of alimony is excessive and (2) the district court erred in awarding Bouaphan the marital home without requiring a cash equalization payment to Matthew of half the home's equity. Bouaphan cross-appeals arguing the award of alimony is insufficient. We affirm as to both... More...
$0 (08-13-2014 - IA)State of Iowa v. Amy Jo Ross
Amy Jo Ross appeals challenging her guilty plea to driving while barred. The plea hearing was not reported; the district court entered an order on February 25, 2013, stating: "State appears by Bruce Swanson. Defendant appears with Allan Kirshen and enters a plea of guilt to Driving While Barred, in violation of Sec. 321.561, Code. Sentencing is set for 1:30 p.m., March 11, 2013.†Sentencing ... More...
$0 (08-13-2014 - IA)Calvin Nelson v. State of Iowa
A jury found Calvin Nelson guilty of first-degree murder in connection with the shooting of a man in a Des Moines neighborhood. The Iowa Supreme Court affirmed his conviction. See State v. Nelson, 791 N.W.2d 414, 419 (Iowa 2010). Nelson subsequently filed a postconviction-relief application raising several issues. The district court denied the application following a hearing. On appeal, Nelson con... More...
$0 (08-13-2014 - IA)Martha Duban v. Waverly Sales Co.
Thomas and Martha Duban brought a negligence action against Waverly Sales<br> Company (Waverly) arising out of injuries Martha sustained when she was stepped<br> on by a horse at a Waverly draft horse auction. The district court1 denied Waverly's<br> 1The Honorable Jon Stuart Scoles, United States Magistrate Judge for the<br> Northern District of Iowa, to whom the case was referred for final dispo... 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)