Davina Valdez, a teacher’s associate at the West Des Moines Community Schools, brought suit against the school district and one of its teachers, Desira Johnson, alleging Johnson engaged in racial discrimination which led Valdez to resign. Valdez argued Johnson should be subject to individual liability for creating a hostile working environment under the Iowa Civil […]

The “aided-by-agency theory” is an exception to the usual rule that an employer may be vicariously liable only when an employee’s tort occurs within the scope of employment. Moreover, an employer may be vicariously liable for an employee’s tortious conduct if the employee “was aided in accomplishing the tort by the existence of the agency […]

Jena McCoy worked three months at the Thomas L. Cardella & Associates call center in Ottumwa before resigning after ongoing sexual advances from a team leader. She later sued Cardella, asserting a claim for common law negligent supervision or retention. Cardella’s pretrial legal challenges included that the common law claim was preempted by the Iowa […]

Emily Chafa was named as the recipient of the 2023 Rolland E. Grefe Pro Bono Publico Award honoring her lifelong dedication to increasing access to legal services.   Rolland Grefe, along with Ross Sidney, founded Grefe & Sidney, P.L.C. over 50 years ago. The Rolland E. Grefe Pro Bono Publico Award was established in recognition […]

In 2021, the Iowa legislature codified qualified immunity in the Iowa Municipal Tort Claims Act for the first time. 2021 Iowa Acts ch. 183, section 14 (codified at Iowa Code Section 6704.A (2022)). The legislation codified a qualified immunity protection and also established a heightened pleading requirement for plaintiffs bringing tort claims against municipalities or […]

Peter is an associate attorney in the firm’s litigation division. He graduated from the University of Northern Iowa and worked at Nationwide Insurance before attending Drake University Law School. Peter became interested in law school because he was looking for a career that would provide the opportunity to make a meaningful difference and allow him […]

A company called CDM Rentals, LLC, purchased a condominium in Brook Run Park in Des Moines. Shelley and Cameron Barnes began leasing the condo on September 17, 2015. The Barnes’ unit had a garage that let out onto a shared driveway. A rain gutter ran along the roof above the shared driveway. The rain gutter […]

Jim and Angela Sutton’s house sits near an intersection in Council Bluffs where an underground water main broke in November 2020, sending water to the Sutton’s property. The flowing water eventually became standing water and the Suttons alleged the water caused their house to settle, resulting in damage to its foundation, interior walls, garage floors, […]

Peter Ickes obtained a victory for two married homeowners in a case arising from a dispute with their handyman. The homeowners hired the handyman to install a range hood above their stove and countertops in their kitchen. Pursuant to the agreement, the retired homeowners paid the handyman $1,700 in advance to begin work. A dispute […]

Iowa Code section 85.31(1)(a) states in relevant part, “When death results from the [workplace] injury, the employer shall pay the dependents who were wholly dependent on the earnings of the employee for support at the time of the injury.” Iowa Code section 85.42(1)(a) establishes that a surviving spouse will be considered to be wholly dependent […]