Monthly Archives: December 2016

An Iowa Plaintiff Claimed the Trial Court Wrongly Excluded Evidence – The Iowa Court of Appeals Disagrees

December 13, 2016

Gilberto Mendez Mendez sued an apartment building owner and the building manager after slipping and falling down a flight of exterior stairs.  At trial, a jury found the owner and building manager were not at fault.  Mendez challenged the verdict on appeal.  Specifically, Mendez took issue with the trial court’s exclusion of two items of […]


A Victim of a Criminal Act’s Failure to Make an Insurance Claim Does Not Limit Her Right to Recover in Restitution

The Iowa Supreme Court considered whether a criminal defendant’s obligation to pay restitution was discharged or otherwise diminished where the victim of the defendant’s crime did not make an insurance claim relative to his stolen property. The underlying facts were these.  Robert Dubois was charged with and pleaded guilty to third degree burglary after items […]


Donna Miller Successfully Defends Manufacturer in Rare Asbestos Trial

December 8, 2016

Donna Miller and national counsel obtained a defense verdict for the manufacturer of a brake shoe grinder.  Asbestos cases rarely go to trial in Iowa, and this one lasted nearly four weeks in Cedar Rapids. In this case, the plaintiff had been an auto mechanics instructor and sued over 20 defendants, including brake shoe and […]