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 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. […]
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 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 […]
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 […]
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 […]
Peterbilt Motors Company (“Peterbilt”), a truck manufacturer, distributes its products through a network of dealership groups, including Sioux City Truck Sales (“SCTS”). Under Peterbilt and SCTS’s dealer agreement, Peterbilt is the franchiser and SCTS is the franchisee. In 2010, Peterbilt developed a new engine that it believed would require additional service locations. Peterbilt recommended SCTS […]
On June 3, Ben Erickson, Stella-Maris Strohman, Sam McMichael and Zach Hufferd represented the law firm at the annual Polk County Bar Association Bench & Bar Golf Tournament. The tournament benefits the Polk County Bar Association Volunteers Lawyer Project, which provides essential legal services to qualified lower incomes residents of Polk County. In 2021, the […]
The plaintiff was hospitalized to treat her prolonged dizziness. While medicated, she stood up and fell in her hospital room, suffering injuries. She sued the hospital, several physicians, and other healthcare providers involved in her treatment, alleging their “professional negligence” caused her injuries. The defendants filed a motion to dismiss on the grounds that the […]
In March 2020, Governor Reynolds issued a proclamation closing all bars and restaurants from dine-in or in-person services in response to the COVID-19 pandemic. In compliance with the proclamation, both Jesse’s Embers (Des Moines bar and restaurant) and Wakonda Club (Des Moines country club) closed down. Both businesses had commercial property insurance with similar language […]
