News

IOWA COURT OF APPEALS OVERTURNS SUMMARY JUDGEMENT RULING INVOLVING NEGLIGENCE CLAIM

December 15, 2017

In February 2014, plaintiff and his wife visited an Iowa retail store. Upon entering the store, Plaintiff noticed the rug in the entryway “had large wrinkles maybe 2 to 3 inches tall.” Notwithstanding the condition of the rug, plaintiff attempted to walk across it. As he was doing so, he tripped over the wrinkled rug, […]


MITCHELL AND LINDEBAK SUCCESSFULLY DEFEND CLIENT BEFORE SUPREME COURT

Clark Mitchell and Aaron Lindebak obtained a defense verdict in favor of the president of a townhome owners association in an appeal to the Iowa Supreme Court. The appellants, a former townhome association president and his wife, appealed the district court’s granting of summary judgment on his defamation claim and his malicious prosecution claim. Mitchell […]


IOWA COURT OF APPEALS UPHOLDS COMMISSION’S INDUSTRIAL DISABILITY AWARD INVOLVING ACCOMMODATED EMPLOYMENT

In April 2009, claimant injured her neck and back during the course of her employment as a pharmacy technician. In addition, it was determined claimant’s injury resulted in anxiety and depression issues. After reaching maximum medical improvement for her work injuries, claimant was able to return to her employment as a pharmacy technician under permanent […]


ZENOR SUCCEEDS AT IOWA COURT OF APPEALS

An Iowa high school male was charged with a felony sex offense after an incident with a female student.  After discovery, the State and defendant entered a plea agreement to the misdemeanor charge of Assault Causing Bodily/Mental Injury. At sentencing, the associate district court granted the defendant a deferred judgment. However, the court imposed sex […]


Can We Share An Attorney When Divorcing?

November 28, 2017

By Rob Evans Do you know why divorces are so expensive? Because they’re worth it. All joking aside, getting divorced can be expensive, especially if both parties hire attorneys. The high cost of divorce has led spouses to look for ways to reduce legal fees. When a divorce is amicable and the parties have worked […]


Court of Appeals Disallows Jury Award of Punitive Damages in Contract Dispute

Hansen Company is a general contractor that was hired to renovate the former Younkers Building in downtown Des Moines. In the spring of 2013, RedNet Environmental Services contracted with the Hansen Company to perform asbestos abatement, lead abatement, PCB/Mercury disposal, and demolition of the aforementioned building. Before RedNet was allowed to perform any of the […]


Thomas Wins Defense Verdict

During the week of September 24, 2017, Mark Thomas obtained a defense verdict in favor of Innovative Ag Services, Co. amidst allegations they failed to apply the herbicide Ignite according to its label to a portion of Plaintiff Joel Kurtenbach’s corn fields. Plaintiff alleged Innovative Ag Services, Co.’s off-label use resulted in financial damage caused […]


Court of Appeals Affirms Rare Finding Claimant Did Not Give Timely Notice of Her Work Injury

Traditionally, it is notoriously difficult for the employer to succeed before the Commission on a notice defense. However, on October 11, 2017, the court issued a decision affirming a finding that claimant did not give notice of her injury to her employer within 90 days. The case involved a cumulative back injury that manifested itself […]


Mitchell Successfully Defends Local Repair Shop   

On October 25, 2017, Clark Mitchell obtained a defense verdict for his client.  Mitchell represented the defendant (a vehicle repair shop) in the lawsuit.  The plaintiff was a customer of the defendant repair shop.  The Polk County lawsuit arose out of a break-in of the plaintiff’s vehicle while in the possession of the defendant.  The […]


Martino Wins Defense Verdict

During the week of January 31, 2017, Laura Martino successfully defended Ford Motor Company against allegations Ford violated Iowa’s “Lemon” law provisions. At trial, Plaintiff sought damages in the amount he paid for a recently purchased Ford F-150 truck (plus costs and attorney fees) on the grounds that the vehicle sold was a “Lemon.” Specifically, […]