Category: Latest News

Iowa Supreme Court Explores the Definition of a “Possessor” Under Iowa Premises Liability Law

September 1, 2022

In July 2020, Plaintiff filed suit in the Dallas County District Court seeking damages after she slipped on an icy driveway of a home that she was considering purchasing. Shortly after filing her original Petition Plaintiff filed an amended Petition naming the homeowners and the homeowners’ listing agency, Iowa Realty Company, Inc. (“Iowa Realty”), as […]


Ben Erickson Obtains Summary Judgment on Behalf of Local Restaurant

Ben Erickson obtained summary judgment on behalf of a local restaurant sued for negligence. The case arose from a slip and fall injury on the restaurant’s premises. Specifically, Plaintiff alleged the restaurant was negligent in the maintenance and upkeep of its dining area. After conducting discovery, Ben moved for summary judgment, arguing Plaintiff (1) failed […]


Aaron Lindebak Obtains Majority Fault Verdict Against Third Party Defendant

Aaron Lindebak successfully defended Nancy McKillip in a motor vehicle accident case at trial. Plaintiff Mark Simmons and Defendant McKillip were involved in a car accident in Dubuque in 2018. Simmons alleged that McKillip was negligent for failing to stop or yield at a stop sign. After investigation, Aaron brought in to the lawsuit Defendant […]


Attorney Spotlight: Rachel Morgan

August 2, 2022

Rachel is in an associate attorney at Grefe & Sidney. She attended Drake University Law School where she graduated with high honors. While at Drake, Rachel worked as a research assistant and was a student attorney in the Criminal Defense Program and the Wrongful Convictions Clinic of the Drake Legal Clinic. Rachel was raised in […]


Iowa Supreme Court Expands Protections for Confined Animal Feeding Operations

Plaintiff Gordon Garrison owned and lived on 300 acres of farmland in northern Iowa. In 2015, Defendants New Fashion Pork and BWT Holdings began operating a confined animal feeding operation (CAFO) approximately a half mile away from Plaintiff’s property. Plaintiff alleged that his property began experiencing consistent bad odors and manure drainage, both produced by […]


Tansha Akogyeram Secures Dismissal in Underinsured Motorist Case

Tansha Akogyeram secured the dismissal of an underinsured motorist (UIM) action against Safeco Insurance Company of Illinois (“Safeco”) in June. The UIM action resulted from a 2019 hit-and-run accident in Des Moines while the Plaintiff was a passenger in a rideshare vehicle. Plaintiff filed suit against the rideshare company’s insurer and Safeco for UIM benefits. […]


Iowa Supreme Court Finds Easement Not Dedicated to City

July 5, 2022

William McNaughton entered into an easement agreement with Jeanine and Stanley Chartier allowing a small part of a road to pass through his property. The road was used to access the Chartiers’ business on their property located adjacent to McNaughton’s. The agreement provided that it was a “’private’ easement granted for the use and benefit […]


Iowa Supreme Court Decision Allows Subcontractors More Time To Post Commencement of Work Notice

Iowa Code Chapter 572 governs mechanics’ liens. In accordance with Section 572.13A, a general contractor or owner-builder is required to post a commencement of work notice to the Mechanic’s Notice and Lien Registry (MLNR) website within ten days of starting work on a residential construction project. If the general contractor or owner-builder fails to post […]


Andy Hall and Ben Erickson Obtain Favorable Ruling from Iowa Supreme Court

On June 10, 2022, the Iowa Supreme Court determined that Andy Hall and Ben Erickson’s client, Liberty Mutual, was not required to reimburse Plaintiff, another insurer, for workers’ compensation benefits totaling over $250,000. The case arose after Plaintiff paid workers’ compensation benefits and later determined it was not the employer’s insurer on the date of […]


IOWA COURT OF APPEALS UPHOLDS SUMMARY JUDGMENT BASED UPON UNTIMELY EXPERT DESIGNATION

June 15, 2022

In July 2019, Plaintiffs filed suit against Defendant alleging medical malpractice in the treatment and care of one of the Plaintiffs. The Trial Scheduling and Discovery Plan entered in the case provided that Plaintiffs would designate their expert witnesses by July 7, 2020. However, Plaintiffs failed to do so. On October 6, Defendant filed a […]