Monthly Archives: October 2018

Iowa Court of Appeals Affirms Dismissal for Failing to Serve Petition Within the 90 Day Window

October 31, 2018

On November 15, 2016, plaintiff filed a petition at law. Prior to doing so, the attorney for the named defendant informed plaintiff’s counsel that he would accept service on behalf of his client. According to plaintiff’s counsel, on December 1, 2016, he sent defendant’s counsel a copy of the petition, original notice, and an acknowledgment […]

Iowa Court of Appeals Affirms Grant of Judgment Notwithstanding the Verdict in Favor of Defendant on Issue of Future Damages

On January 13, 2015, Plaintiff was involved in an automobile accident. Specifically, while Plaintiff was parked on the shoulder of the roadway, Defendant struck the side of her vehicle. As a result of the accident, Plaintiff alleged she suffered injuries to her cervical spine and low back (soft tissue). At trial, Plaintiff offered expert medical […]

Iowa Court of Appeals Affirms Iowa Workers’ Compensation Commission’s Causation Finding in Favor of Employer

For almost 40 years, claimant was employed by the defendant employer, tasked with performing labor intensive job duties including crawling, squatting, kneeling, heavy lifting, and standing. After several years of bilateral knee pain/degeneration, in 2012, claimant underwent a left knee replacement. Claimant alleged that the injury to her knees was the result of a cumulative […]

Use of Automated Traffic Enforcement (ATE) Systems Survives Series of Constitutional Challenges

October 5, 2018

On August 31, 2018, the Iowa Supreme Court issued three (3) related opinions regarding the use and enforcement of ATE systems in Des Moines and Cedar Rapids. These cases follow the Iowa Supreme Court’s ruling in April in City of Des Moines et al. v. Iowa Dep’t of Transportation in which the Iowa Supreme Court […]

Iowa Court of Appeals Reverses Award of Property Damages to Insurer in Subrogation Claim, Holds Invoice for Damage to Horse Trailer was Inadmissible Hearsay

On June 7, 2014, Alana McNutt was towing her mother-in-law’s horse trailer when she was struck by another driver. The other driver, a minor, was driving with the permission of his mother, Christine Warth. State Farm Insurance insured the horse trailer. In December 2015, State Farm filed a subrogation action against Warth claiming $16,406 in […]

Guy R. Cook Named to Super Lawyers’ “Top 10 List” of All Lawyers in Iowa

Grefe & Sidney PLC is pleased to announce that senior partner, Guy R. Cook, has been recognized as one of the Top 10: Iowa Super Lawyers for the sixth time. The honor is the result of a multiphase selection process involving independent research, peer evaluation, and professional achievement. Super Lawyers refers to its Top 10 […]