Iowa Intentional Tort Law

Nedzad Mehmedovic, et al. v. Tyson Foods, Inc., et al.

Waterloo, Iowa personal injury lawyers represented the Plaintiff on negligence theories. Several estates filed suit against Tyson Foods Inc. and several of its corporate executives and plant supervisors, alleging gross negligence and fraud when four former workers at Tyson Foods's pork processing plant in Waterloo died after contracting COVID-19. In early January 2020, Chinese s... More...

$0 (05-23-2025 - IA)

Clay Blanchard v. City of Des Moines

<h2> Des Moines, Iowa personal injury lawyer represented the Plaintiff who sued on a governmental tort claims act theory. </h2> Blanchard alleged that the City negligently "created a hazard at the intersection of Fleur Drive (Fleur) and Southlawn Drive (Southlawn) by planting or allowing to grow, oversize vegetation in boxes and in the median between the lanes." He alleged the City the... More...

$0 (12-04-2024 - IA)

In the Iinterest of K.R., a Minor Child, A.T., Mother

<h2> Davenport, Iowa termination of parental rights family law lawyer represented the Defendant. </h2> 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)

Deborah S. Graves v. United States of America

Cedar Rapids, Iowa personal injury lawyer represented the Plaintiff who sued on a Federal Tort Claims Act negligence theory. Under the FTCA, the federal government acts as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties. ... More...

$0 (03-11-2024 - IA)

Jerry Probasco, et al. v. MFA, Inc.

Des Moines, Iowa civil litigation lawyers represented the Plaintiffs who sued the Defendant on a breach of contract theory. "Iowa breach of contract law is governed by the Iowa Uniform Commercial Code and the common law of contracts. To prove a breach of contract in Iowa, the non-breaching party must show the following four elements: Existence of a valid contract. Th... More...

$0 (10-27-2023 - IA)

Troy Garber v. United States of America

Des Moines, Iowa personal injury lawyer represented Plaintiff who sued Defendant on a Federal Tort Claims Act negligence theory. "The Federal Tort Claims Act (FTCA) is a law that allows individuals to sue the federal government for torts committed by federal employees. A tort is a civil wrong that results in injury to another person. The FTCA waives the government's sovereign immunity, wh... More...

$1 (08-07-2023 - IA)

Donald Clark v. State of Iowa

A criminal defendant who successfully overturns his conviction based on ineffective assistance of counsel may bring a legal malpractice action against his former attorney. Can he then use that successful action to stop his former attorney from claiming he did not breach any duties in the subsequent malpractice action? That question turns on application of the doctrine of issue preclusion, whi... More...

$0 (02-26-2021 - IA)

United States of America v. Robert James Smith

Cedar Rapids, Iowa criminal defense lawyer represented Defendant charged with depriving another person of his or her civil rights. <table> <h1> <center> <img width="300" src="http://www.morelawtv.com/wp-content/uploads/2020/09/Cedar_Rapids_IA_Fed.jpg" alt="Federal Courthouse - Cedar Rapids, Iowa"> Federal Courthouse - Cedar Rapids, Iowa</a> <a font="... More...

$0 (03-17-2023 - IA)

Marcelino Alvarez Victoriano v. City of Waterloo, Inc., et al.

Waterloo, Iowa personal injury lawyer represented Plaintiff, who sued Defendants on governmental tort claims act negligence theories. Marcelino Alvarez Victoriano filed suit against the City of Waterloo and Waterloo Police Department Officer C.J. Nichols, alleging Nichols shot him without justification. The defendants moved to dismiss the petition pursuant to Iowa Code sect... More...

$0 (01-20-2023 - IA)

John Doe v. Gregory Scott Stephen and Barnstormers Basketball, Inc., d/b/a Barnstormers Basketball of Iowa

Davenport, Iowa personal injury lawyer represented Plaintiff, who sued Defendants on a class action negligence and intentional tort theories claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of acts, errors and/or omissions on the part of the Defendants. <table> <h1> <center> <a font="red" href="https://www.morelaw.com/iowa/news/davenport/" ... More...

$0 (12-12-2022 - IA)

Adrian Trucking, Inc. v. Navistar, Inc. and Centre States International Trucks, Inc.

Cedar Rapids, Iowa personal injury lawyer represented Plaintiff, who sued Defendants on breach of contract and product liability theories. Adrian commenced this action by filing a petition at law and jury demand in the Iowa District Court for Linn County in December 2015. Doc. 4. At the time, the lawsuit named several other parties as plaintiffs and defendants. Id. Navistar and Centr... More...

$0 (07-01-2022 - IA)

Isaac RJ Bartz v. United States of America

Cedar Rapids, IA: Personal injury premises liablity lawyer represented Plaintiff, who sued Defendant on a Federal Tort Claims Act negligence theory claiming to have been injured and/or damaged in an accident in a post office.... More...

$1 (08-11-2021 - IA)

Shannon Duncan v. Ford Motor Credit

Doc Duncan v. Ford Motor Credit, Repossessors, Inc., 919 N.W.2d 768(Table) (Iowa App. 2018) format_size 919 N.W.2d 768 (Table) Shannon DUNCAN, Plaintiff-Appellant, v. FORD MOTOR CREDIT, REPOSSESSORS, INC. and Bruce Shores, Defendants-Appellees. No. 17-1122 Court of Appeals of Iowa. Filed June 20, 2018 Dennis G. Larson of Larson ... More...

$0 (06-20-2018 - IA)

Brian Kleckner and Juanita Kleckner v. United States of America

<center><h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Never Miss Another Call Don't Wait - Call 918-582-6422 Today! </h1> </center> East Dubuque, IA - Brian Kleckner and Juanita Kleckner the United States of Am... More...

$0 (07-29-2019 - IA)

United States of America v. Darius Devon Nickelous

<center> <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/CedarRapids_3314823070993319616_1360864279914.jpg"> </center> Darius D. Nickelous was convicted of unlawfully possessing a firearm in violation of 18 U.S.C. §§ 922(g)(1), 922(g)(3), 922(g)(9), and 924(a)(2). The district court sentenced him to 120 months’ imprisonment. 1 He appeals his conviction. ... More...

$0 (02-27-2019 - IA)

Friedrich Trust v. United States of America

<center><h2> Morelaw Internet Marketing <a href="http://www.morelaw.com/lawyers/recent.asp" target="_new"> National Find A Lawyer Directory</a> </h2> </center> Des Moines, IA - Friedrich... More...

$1 (11-28-2018 - IA)

State of Iowa v. Terrion Javari Maxfield

<center> <img width="300" src=" https://www.gannett-cdn.com/-mm-/c21a1010454515b8c83ea9796039f1d7fe44f006/c=297-117-2055-2461/local/-/media/2017/02/19/IAGroup/DesMoines/636231164924171089-146416.jpg?width=180&height=240&fit=crop "> <h2> </h2> </center> Terrion Maxfield appeals the judgment and sentences imposed upon him following an Alford plea1 ... More...

$0 (11-06-2018 - IA)

Joshua David Mitchell v. State of Iowa

<center> <img width="300" src="http://209.43.86.36/NewWorld.InmateInquiry/madisonco/Inmate/Photo/17X07MEE?type=Full "> <h2> <fontt color="red"> </h2> </center> <center><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28012&z=74103&s=OK" target="_new"><h1>MoreLaw Performance Internet Marketing</a> Completely Free Marketing ... More...

$0 (10-22-2018 - IA)

Rigoberto Quiles v. Alan Martin Johnson

<center> <img width="400" src="http://www.iasd.uscourts.gov/sites/default/files/DSM_Courthouse_0.jpg"> </center> Rigoberto Quiles was severely injured when Alan Johnson fell asleep at the wheel and drove his tractor-trailer off I-80 in Adair County, Iowa. At the time of the accident, Quiles was a new employee of Swift Transportation Company of Arizona (“Swift”), an inte... More...

$0 (10-18-2018 - IA)

Max Thorndike v. State of Iowa <table> <td>

In 2013, Thorndike was convicted of second-degree sexual abuse and lascivious acts with a child, and we affirmed his conviction. See State v. Thorndike, 860 N.W.2d 316 (Iowa 2015). Thorndike filed a pro se application for PCR on May 18, 2015, which counsel later recast.1 In his third amended application, Thorndike claimed ineffective assistance based on trial counsel’s fai... More...

$0 (09-15-2018 - IA)

State of Iowa v. Oscar Marco Gipson <table> <td>

In January 2017, Gipson and his girlfriend, Tara Nguyen, were arguing “more often than usual.” Nguyen went to stay with her mother for a few weeks. Around the same time, Nguyen let an old friend borrow her Buick. When Gipson saw the friend driving, Gipson took the Buick from him. On January 21, the friction between Nguyen and Gipson escalated when they encountered each other at the B... More...

$0 (08-04-2018 - IA)

State of Iowa v. Ryan Lee Stockbauer <table> <td>

In the early morning hours of August 3, 2016, Des Moines police investigated the crash of a pickup truck into a tree at a T intersection. When Officer Lucas Kramer arrived, he saw Ryan Stockbauer crawling out of the driver-side window. Two other passengers suffered injuries requiring attention at the hospital. Officer Kramer testified the heavy front-end damage to the truck was “consisten... More...

$0 (08-04-2018 - IA)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION <table> <td>

A federal statute known as Title VI states, “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A federal report cited the Department of Tr... More...

$0 (07-19-2018 - IA)

STATE OF IOWA vs. DAKOTA M. POLAND <table> <td>

The events giving rise to Poland’s convictions occurred on March 10, 2016, at the home where Poland lived with his parents and three younger sisters. Poland, then twenty years old, was dating L.R., who was sixteen years old. L.R. had been staying at the home for approximately one week but decided to leave because Poland was drinking vodka. L.R. did not like being around Po... More...

$0 (07-08-2018 - 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: The incidents giving rise t... More...

$0 (07-04-2018 - IA)

STATE OF IOWA vs. ABRAHAM K. WATKINS <table> <td>

In May 2013, Abraham Watkins was sworn into the Iowa bar and subsequently opened a solo practice in Keosauqua, Iowa. Watkins operated his law practice out of an office located on the first floor or main level of the two-story home he shared with his family. Watkins and his family mostly lived upstairs. However, the home’s kitchen, laundry room, and one of the two bathrooms are located on the ... More...

$0 (07-04-2018 - IA)

STATE OF IOWA vs. BION BLAKE INGRAM <table> <td>

At about 6:39 a.m. on October 30, 2015, a police officer pulled over Bion Ingram, who was driving on Highway 14 in Newton, Iowa. The officer had noticed the vehicle’s license plate was not illuminated as required. After speaking with Ingram, the officer also noticed the 3 vehicle’s registration sticker did not match its license plate—the vehicle’s actual registration had expi... More...

$0 (07-03-2018 - IA)

SHANNON DUNCAN vs. FORD MOTOR CREDIT, REPOSSESSORS, INC. and BRUCE SHORES <table> <td>

On March 5, 2008, Duncan purchased a 2008 Ford Edge from Decorah Auto Center, Inc., with financing through Ford Motor Credit (FMC). She made payments from April 19, 2008, until August 19, 2010. Duncan received notice she owed $1871.94, due by November 19, 2010. Duncan stated she paid this amount in a timely fashion, but on November 19, 2010, Bruce Shores of Repossessors, <br... More...

$0 (06-26-2018 - IA)

Tracey K. Kuehl v. Pamela Sllner

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A. Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under 1The Honorable Richard W. Goldberg, United States Court of International Trade, sitting by designation. -2- the Endangered Species Act, 16 U... More...

$0 (04-18-2018 - IA)

STATE OF IOWA vs. CHRIS AARON FRAKES <table> <td>

On November 6, 2015, law enforcement officers executed a search warrant at Frakes’s home. Officers based the warrant application on an anonymous tip received three months earlier and on the reports from a named informant familiar with Frakes’s drug distribution. While searching Frakes’s home, officers discovered plastic baggies, scales, drug paraphernalia, a smal... More...

$0 (04-01-2018 - IA)

Cheri Dahlin v. Lyondell Chemical Company

Cheri Dahlin sued Lyondell Chemical Company, Equistar Chemicals, LP, and Equistar GP, LLC (collectively “Lyondell”). A jury returned a verdict for Dahlin. Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands. I. Between 1990 and 1995, Dean B. Dahlin worked for two companies as a commercial truck driver. For both, he loaded his truck with ben... More...

$0 (01-28-2018 - IA)

STATE OF IOWA vs. DARRYL B. SHEARS <table> <td>

In this appeal of a restitution order, we are asked to resolve whether it is foreseeable that police officers would end a high-speed chase of the van driven by Darryl Shears by hitting his van with their police vehicles. Because we find such actions foreseeable, we affirm the restitution order. On February 11, 2016, the City of Davenport filed a restitution claim for <b... More...

$0 (12-06-2017 - IA)

STATE OF IOWA v. FREDDY DOUGLAS CRISP <table> <td>

Freddy Crisp shot his friend Dale Potter after a day and night of drinking. A jury found him guilty of first-degree murder. On appeal, Crisp challenges (1) the sufficiency of the evidence supporting the jury’s finding of guilt, (2) his trial attorney’s failure to object to an inference-of-malice jury instruction, and (3) the district court’s denial of his motions for ne... More...

$0 (12-06-2017 - IA)

STATE OF IOWA vs. ALEXANDER MATTHEW KOZAK <table> <td>

Kozak frames the first issue as follows: “The State denied [him] due process when, in violation of a sustained motion in limine, it invaded the jury’s province and questioned a witness regarding [his] ability to plan, deliberate, and premeditate.” The procedural history informing this issue is as follows. Before trial, Kozak notified the court of his intent to rely on ... More...

$0 (12-06-2017 - IA)

Linda Linn and Mark Shuck v. Pat Montgomery, Chisty Schrader and Brad Allen

In this appeal, a plaintiff asks our court to decide if the district court properly granted summary judgment and partial summary judgment on his defamation claim based on the running of the statute of limitations. Additionally, we must determine if the court properly granted summary judgment on the plaintiff’s malicious prosecution claim on the ground the defendants merely fu... More...

$0 (10-27-2017 - IA)

Joanne Cote v. Derby Insurance Agency, Inc. and Kevin Dorn

Joanne Cote worked for Derby Insurance Agency from 1998 until 2014. In 2014, she sued the agency and Kevin Dorn (collectively, Derby),1 alleging sexual discrimination based on a hostile work environment, as well as the torts of intentional infliction of emotional distress and assault. On interlocutory appeal, Derby challenges the district court’s denial of its motion for summary ... More...

$0 (08-02-2017 - IA)

STATE OF IOWA vs. JUSTIN JAMES ZOBEL <table> <td>

Zobel’s convictions for third-degree burglary and possession of marijuana were entered pursuant to a written Alford plea. The underlying facts of those convictions are not relevant to the appeal. Zobel’s domestic-abuse-assault causing-bodily-injury and domestic-abuse-assault convictions arose from a dispute between Zobel and Katie Barnish in the early morning hours of July... More...

$0 (07-24-2017 - IA)

VICTOR RIVERA vs. STATE OF IOWA <table> <td>

Victor Rivera, while driving under the influence of alcohol, caused a traffic accident that killed a motorcyclist and seriously injured the motorcyclist’s passenger. Rivera fled the scene in his vehicle and led officers on a short chase before he was apprehended. Rivera pleaded guilty to unintentionally causing the death of another by operating a motor vehicle while intoxic... More...

$0 (06-17-2017 - IA)

STATE OF IOWA vs. CHARLES EMANUEL HALL <table> <td>

In July 2015, Hall was charged by trial information with murder in the first degree and child endangerment resulting in serious injury. His three-year-old daughter, J.K., was the alleged victim in each instance. The charges were tried to a jury in January 2016. The State’s first witness was Hall’s live-in girlfriend, April Clair. Clair testified J.K. had been sta... More...

$0 (06-15-2017 - IA)

STATE OF IOWA vs. MARCEL ROSE <table> <td>

Marcel Rose and Amanda Guzzle resided together and were involved in a romantic relationship. Rose and Guzzle knew a mutual acquaintance, Sarah Medina. On July 6, 2015, Rose and Guzzle were alone at Medina’s residence in the living room when they began to argue. The argument then turned physical, and according to Guzzle’s testimony, she ended up on the couch with Rose on ... More...

$0 (06-15-2017 - IA)