Mark Thomas and Dariann Garrison-Nickerson Obtain Clients’ Dismissal with Motion for Summary Judgment

Posted on: June 18th, 2024

Attorneys Mark Thomas and Dariann Garrison-Nickerson recently obtained dismissal of a landowner and property manager in a dog bite case. Plaintiff relied on Thompson v. Kaczinski, 774 N.W.2d 829 (Iowa 2009) to argue Defendants owed her a duty and asked that the Court apply the general duty of reasonable care against Defendants. Mark and Dariann countered that Defendants exercised reasonable care and were not aware of a dog on the premises. The Court recognized that Iowa Code section 351.285 imposes strict liability on the dog’s owner, and the issue of a landowner’s duty is for the legislature. Consequently, the Court ruled that Mark and Dariann’s clients had no liability for injuries sustained by Plaintiff.

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