Monthly Archives: December 2015

Iowa Supreme Court Holds Discovery Rule Applies to Singular and Cumulative Injuries in Workers’ Compensation

December 23, 2015

Plaintiff sustained a back injury at work on May 23, 2010.  On May 23, 2012, his employer notified him it would no longer pay for his medical care as the two-year statute of limitations for workers’ compensation benefits had expired.  Plaintiff filed two petitions with the Workers’ Compensation Commission – one alleging an injury on […]

Thomas and Weaver Successful on Summary Judgment

December 15, 2015

Plaintiff filed a negligence claim against a property owner after Plaintiff slipped and fell on an icy stairway. Mark Thomas and Allyson Weaver represented the property owner who leased a single family residence to a tenant. Pursuant to a written lease agreement between the owner and tenant, lawn care and snow removal were the tenant’s […]

Hall and Kuehner Win Summary Judgment

December 14, 2015

Plaintiff brought a negligence and products liability case against a knife seller and manufacturer after a knife he ordered cut his finger.  Andrew Hall and Michael Kuehner represented the knife seller and argued on summary judgment it was statutorily immune from strict liability arising out of alleged defects in the original design or manufacture of […]

Iowa Supreme Court Holds that Jury Award of One Dollar for Past Pain and Suffering is Inconsistent with Award for Past Medical Expenses and Lost Earnings.

December 11, 2015

Plaintiff, an auto dealership salesman, was injured while on a test drive with a potential buyer.  Plaintiff had instructed the potential buyer to make an illegal left hand turn, which is when the vehicle was hit by an oncoming car.  Plaintiff hit his head, briefly lost consciousness, and was taken to the emergency room.  Plaintiff […]

Thomas and Moser Obtain Favorable Jury Verdict; Plaintiff Failed to Mitigate Damages

Attorneys Mark Thomas and Joseph Moser obtained a favorable jury verdict in a complex matter stemming from a March 2012 car accident near Ottumwa, Iowa. The accident occurred when the Defendant, Winfred Douglass, pulled out in front of the Plaintiffs’, Dennis and Lauren Cockayne’s, vehicle, which was traveling at approximately 70 miles per hour. The […]

Iowa Court of Appeals Clarifies Circumstances Justifying Piercing the Corporate Veil

December 10, 2015

Duane and Shirley Bushman, husband and wife, formed FGP, LLC.  FGP was formed to purchase eggs for hatching, coordinate delivery of hatched check to contracted growers, and then coordinate delivery of the grown birds to Custom Poultry Processing, LLC (CPP).  CPP is a limited liability corporation owned by the Bushmans and others.  The Bushmans own […]

No Private Cause of Action for a Debt Collector’s Failure to File Notification with the State

December 3, 2015

On November 25, 2015, the Iowa Court of Appeals issued a decision holding that Iowa law does not provide a private cause of action for a debt collector’s failure to file notification with the Iowa Attorney General.  This issue arises out of Iowa Code section 537.5201(1), which provides that: The consumer . . . has […]

Iowa Court of Appeals Clarifies Workers’ Compensation Issues on Intervening and Superseding Cause and Payment of Medical Expenses

The Iowa Court of Appeals recently issued a ruling on intervening and superseding cause and payment of past medical expenses in the workers’ compensation context.  An employee injured his back in the course and scope of employment on August 15, 2011.  He returned to full-duty work with no restrictions on August 24, 2011.  On October […]