Practice Area: Appellate

Iowa Court of Appeals Finds Shooting on Property Was Outside Property-Owners’ Scope of Liability

March 2, 2022

Lee Christenson shot and killed Thomas Bortvit on a farm owned by Roger Christenson, Lee’s uncle, and Donald Christenson, Lee’s grandfather. Bortvit’s parents sued Roger and Donald, asserting that they had failed to take reasonable steps to prevent the property from being used for the purpose of firing loaded pistols by unsupervised persons under the […]

Iowa Supreme Court Dismisses Lawsuit by Bars Briefly Shut Down by COVID-19 Proclamation, Finding Exceptions to Mootness Inapplicable

During the COVID pandemic in late August 2020, Governor Reynolds issued a public health disaster proclamation that temporarily required bars and taverns in six counties to close their doors. Six of those establishments filed a suit seeking an injunction that would block the proclamation on grounds it exceeded her statutory and constitutional authority. After the […]

Iowa Supreme Court Affirms Lower Court’s Ruling on Experts in Medical Malpractice Action

February 7, 2022

This medical malpractice action arises from a stroke the plaintiff experienced following a surgery performed by Dr. Otoadese. After the plaintiff suffered the stroke, he was seen by Dr. Bekavac for a second opinion regarding his condition and whether he would have recommended the initial surgery. Dr. Bekavac also asked Dr. Halloran for his opinion […]

Appellate Court Rejects Arguments for Gross Negligence Exception To The Public-Duty Doctrine

November 8, 2021

A motorcyclist was struck by a semi while crossing traffic at an intersection and died from his injuries. The administrators of his estate filed suit against the State of Iowa alleging claims of negligence and gross negligence. In particular, the administrators alleged the State was grossly negligent because it had knowledge of the intersection’s defective […]

Iowa Court of Appeals Reverses Lower Court’s Dismissal of Personal Injury Action

Plaintiff was a patient at a medical facility when she sustained injuries from a slip and fall. She initiated suit against the medical facility alleging various claims of negligence including professional negligence, negligent hiring and retention, lack of supervision by non-professional staff, and ordinary negligence. The medical facility moved to dismiss Plaintiff’s claims for failure […]

Mark Thomas and Aaron Lindebak Obtain Summary Judgment in Trucking Case

October 4, 2021

Mark Thomas and Aaron Lindebak represented two transportation brokers, AIT Worldwide Logistics, Inc. (“AIT”) and Total Quality Logistics, LLC (“TQL”) in a wrongful death case in the Southern District of Iowa. TQL was hired by AIT to obtain motor carriers to carry freight. TQL then hired IEX Xpress Inc. to carry the freight. IEX Xpress […]

Andrew Hall and Benjamin Erickson Obtain Favorable Ruling from Iowa Court of Appeals

August 3, 2021

On July 21, 2021, the Iowa Court of Appeals determined that Andrew Hall and Benjamin Erickson’s client, Liberty Mutual, was not required to reimburse Plaintiff, another insurer, for workers’ compensation benefits totaling over $250,000. The case arises after Plaintiff paid workers’ compensation benefits and later determined it was not the employer’s insurer on the date […]

Mitchell and Corpstein Secure Defense Verdict on Plaintiffs’ Claim Seeking $925,561.36

June 17, 2021

Following a four day jury trial in Woodbury County, Clark Mitchell and Sean Corpstein obtained a defense verdict on behalf of their client, State Farm Fire and Casualty Company. Plaintiffs’ breach of contract claim followed a fire at Plaintiffs’ farm/ranch in 2013 and State Farm voiding the insurance Policy as a result of Plaintiffs’ conduct.  […]

Iowa Supreme Court Issues Ruling on Appeal Deadline

May 5, 2021

A mother whose son developed disabling injuries from bacterial meningitis brought an action for medical negligence against the physicians, and their employers, who treated her son. Various Defendants entered settlement agreements with the mother. Two physicians and an employer of one physician went to trial. The jury issued a verdict in their favor, finding the […]

Iowa Court of Appeals Affirms District Court’s Preclusion of Treating Doctor’s Opinion

Plaintiff Mengwasser’s sued Joseph Comito and Capital City Fruit Company following a 2015 car accident. The jury awarded damages for past pain and suffering and past loss of function, but awarded no damages for future medical expenses, future pain and suffering, future loss of function or future loss of earning capacity. The district court limited […]