A company called CDM Rentals, LLC, purchased a condominium in Brook Run Park in Des Moines. Shelley and Cameron Barnes began leasing the condo on September 17, 2015. The Barnes’ unit had a garage that let out onto a shared driveway. A rain gutter ran along the roof above the shared driveway. The rain gutter […]
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, […]
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 […]
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 […]
Andrew Hall and Aaron Lindebak represented Lippert Components, Inc. and LCI Industries in a products liability case. Lippert Components, Inc. and LCI Industries manufacture electric steps for use on Recreational Vehicles. Plaintiffs allege that a rivet in a step manufactured by Lippert Components and LCI Industries failed, resulting in the death of David Burke. Plaintiffs […]
In September 2020, Jahn and Sara Kirlin filed suit against two doctors and Methodist Physicians Clinic alleging negligence following medical treatment received by Jahn. The Kirlins timely filed a certificate of merit affidavit signed by Dr. David Segal, a board-certified neurosurgeon. Iowa Code section 147.140 requires plaintiffs in medical malpractice suits to serve a certificate […]
Attorney Laura Martino recently successfully defended State Farm in an underinsured motorist case at trial. The Plaintiff was involved in a motor vehicle accident in 2019. The Plaintiff settled with the tortfeasor for policy limits. The Plaintiff filed suit against State Farm alleging breach of contract and bad faith. The bad faith claim was dismissed […]
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 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 […]
