Practice Area: Trial, Litigation, & ADR

Mark Thomas and Ryleigh Keeney Obtain Favorable Jury Verdict in Underinsured Motorist Case

April 1, 2022

Mark Thomas and Ryleigh Keeney obtained a favorable jury verdict on behalf of their client, State Farm Fire & Casualty Company, in an underinsured motorist claim in Polk County, Iowa. The case arose out of a rollover motor vehicle accident that occurred in Des Moines, Iowa in which the plaintiff was seeking underinsured motorist benefits […]


Ben Erickson Secures Defense Verdict

On March 1, 2022, Ben Erickson obtained a defense verdict on behalf of a local business. The case stems from claims that Erickson’s client negligently caused thousands of dollars’ worth of damage to Plaintiff’s property. The case proceeded to trial on February 21, 2022. After considering the evidence presented at trial, including contradictory statements harvested […]


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 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 […]


Laura Martino Obtains Directed Verdict in Premises Liability Case

Laura Martino obtained a directed verdict on behalf of her client, Menards, Inc., in a premises liability action in the Northern District of Iowa. The case arose from a premises liability claim in which the plaintiff alleged that she was injured when a stack of boxes fell on her foot while she was shopping at […]


Iowa Court of Appeals Affirms Denial of Penalty Benefits Against Employer in Workers’ Compensation Action

January 17, 2022

After injuring his right hand at work, claimant filed a workers’ compensation action against his employer, seeking healing period benefits after he was placed at maximum medical improvement (MMI) by an authorized doctor. He also sought penalty benefits for the employer’s failure to pay benefits after he reached MMI through the arbitration hearing. Following an […]


Iowa Supreme Court Holds Tolling Provisions of Covid-Related Supervisory Orders Do Not Apply to the 30-Day Deadline to File a Petition for Judicial Review

Pursuant to Iowa Code section 17A.19(3), after an Application for Rehearing has been denied or deemed denied, a party has 30 days to file a Petition for Judicial Review. See Iowa Code section 17A.19(3). An Application for Rehearing is deemed denied if the workers’ compensation commission does not act upon it within 20 days. See […]


Iowa Workers’ Compensation Commission Extends Suspension of Certain In-Person Proceedings

The Iowa Workers’ Compensation Commission has issued an updated Order extending the suspension of all in-person regular contested hearings before the agency from January 31, 2022, through April 29, 2022. Regular contested hearings that were scheduled to occur during that period will be conducted via internet-based video unless the parties timely file a motion to continue. […]


Mark Thomas and Ryleigh Keeney Secure Dismissal in Hailstorm Damage Case

November 8, 2021

Following a bench trial in Palo Alto County, Mark Thomas and Ryleigh Keeney obtained a dismissal on behalf of their client, State Farm Fire and Casualty Company. Plaintiffs’ breach of contract claim followed a 2018 hailstorm that damaged Plaintiffs’ real property. Plaintiffs’ policy contained a one-year contractual limitations period—requiring Plaintiffs to file suit against State […]


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 […]