Practice Area: Appellate

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 […]


Iowa’s Highest Court Holds Plaintiff’s Release of Driver Extinguishes the Vehicle Owner’s Vicarious Liability Notwithstanding Plaintiff’s Express Reservation of Right to Sue the Vehicle Owner

April 13, 2021

Plaintiff was a passenger in a golf cart driven by his son when they struck a bridge and the impact ejected Plaintiff, causing severe injuries. After settling his claims with the driver with a signed release that expressly reserved his claims against the golf course, the owner of the golf cart, Plaintiff sued the golf […]


Iowa Supreme Court Reverses District Court’s Dismissal of Pedestrian Lawsuit against City over Defective Sidewalk

Plaintiff fell while walking along a City sidewalk and broke her arm and wrist. She alleged her fall was caused by the defective sidewalk. Plaintiff sued the City for negligence, alleging that the City failed to properly maintain, repair, and warn about the dangerous, defective, and uneven sidewalk. The City filed a motion to dismiss […]


Iowa Court of Appeals Upholds $39,000 Penalty Award in Workers’ Compensation Case

March 19, 2021

The Iowa workers’ compensation commissioner ordered an employer and its workers’ compensation insurance carrier to pay a $39,000 penalty for failing to pay an injured worker approximately $80,000 in healing period benefits. The commissioner found the employer and insurance carrier terminated benefits without a reasonable cause and awarded a 50 percent penalty in accordance with […]


Iowa Appellate Court Upholds $10.9 Million Commercial Property Assessment

A 2017 county tax assessment valued a Lowe’s store at $11.8 million. Lowe’s challenged the assessment on grounds that it was excessive. After the county review board sided with the county’s assessment, Lowe’s appealed to the Iowa Property Assessment Appeal Board (PAAB). The PAAB held a hearing on Lowe’s appeal in 2018. At the hearing, […]


Iowa Supreme Court Confirms that Punitive Damages are Unavailable in Excessive Force Claims against the State

February 4, 2021

Plaintiff, Krystal Wagner, individually and as the administrator of her son’s estate, filed suit against the State of Iowa and a Department of Natural Resources (DNR) officer. Wagner’s son, who was nineteen years old and suicidal, was shot and killed by a DNR officer during an armed standoff. Wagner filed suit in federal court, asserting […]