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 […]
Phyllis Konchar worked as a principal at St. Joseph’s Catholic School for nineteen years. The School was overseen by Father Pins, who was appointed by the Bishop for the Diocese. Despite efforts between both Konchar and Father Pins to resolve their differences in a professional manner, Konchar’s employment was terminated for cause on March 9, […]
Under Iowa’s workers’ compensation law, injured workers can ask for an updated review of their injuries to determine whether their condition has worsened and thus entitles them to additional payments. In the present case, an injured worker filed a review-reopening proceeding which was dismissed by the workers’ compensation commissioner after a finding that the worker […]
On a motion for summary judgment in an age discrimination claim, the Iowa Supreme Court modified the burden-shifting framework for summary judgment on discrimination claims under the Iowa Civil Rights Act (ICRA) to align with the causation standard at trial. The Court adopted the good-faith “honest belief rule” to affirm the employer’s decision to terminate […]
Roberta Butterfield’s estate brought suit against her nursing home, Chautauqua Guest Home, Inc., after her death in 2019. Butterfield’s estate alleged various omissions on the part of the nursing home throughout her residency. Chautauqua timely answered and a discovery plan was subsequently agreed to. Plaintiffs then failed to serve a certificate of merit affidavit and […]
On March 14, 2023, Ben Erickson obtained a complete defense verdict in a jury trial involving an underinsured motorist claim. The case arose out of allegations that Plaintiff was injured when her vehicle was struck by the underlying defendant. Specifically, Plaintiff alleged the accident caused neck, back, and wrist injuries, including the need for surgical […]
Ryleigh Keeney, Rachel Morgan, Stella Maris Strohman, and Peter Ickes participated the 2023 Courage on the Court, a 3 on 3 basketball tournament sponsored by Can Play. Can Play’s mission is to bring adapted and no cost recreational programs to the community by removing barriers to play. Can Play uses sports and recreation programs to […]
Lincoln Savings Bank served a foreclosure lawsuit on the attorney for Debra Emmert after her loan payments failed to arrive. After the deadline for a responsive pleading had passed, the bank mailed a notice of intent to file an application for default judgment to Emmert’s attorney. The notice of intent was not separately mailed to […]
