Monthly Archives: November 2021

Appellate Court Rejects Arguments for Gross Negligence Exception To The Public-Duty Doctrine

November 8, 2021

A motorcyclist was struck by a semi while crossing traffic at an intersection and died from his injuries. The administrators of his estate filed suit against the State of Iowa alleging claims of negligence and gross negligence. In particular, the administrators alleged the State was grossly negligent because it had knowledge of the intersection’s defective […]

Iowa Court of Appeals Reverses Lower Court’s Dismissal of Personal Injury Action

Plaintiff was a patient at a medical facility when she sustained injuries from a slip and fall. She initiated suit against the medical facility alleging various claims of negligence including professional negligence, negligent hiring and retention, lack of supervision by non-professional staff, and ordinary negligence. The medical facility moved to dismiss Plaintiff’s claims for failure […]

Mark Thomas and Ryleigh Keeney Secure Dismissal in Hailstorm Damage Case

Following a bench trial in Palo Alto County, Mark Thomas and Ryleigh Keeney obtained a dismissal on behalf of their client, State Farm Fire and Casualty Company. Plaintiffs’ breach of contract claim followed a 2018 hailstorm that damaged Plaintiffs’ real property. Plaintiffs’ policy contained a one-year contractual limitations period—requiring Plaintiffs to file suit against State […]