Aaron Lindebak successfully defended Nancy McKillip in a motor vehicle accident case at trial. Plaintiff Mark Simmons and Defendant McKillip were involved in a car accident in Dubuque in 2018. Simmons alleged that McKillip was negligent for failing to stop or yield at a stop sign. After investigation, Aaron brought in to the lawsuit Defendant […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
