Practice Area: Trial, Litigation, & ADR

Iowa Supreme Court Explores the Definition of a “Possessor” Under Iowa Premises Liability Law

September 1, 2022

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 Obtains Summary Judgment on Behalf of Local Restaurant

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 […]


Aaron Lindebak Obtains Majority Fault Verdict Against Third Party Defendant

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 […]


Iowa Supreme Court Expands Protections for Confined Animal Feeding Operations

August 2, 2022

Plaintiff Gordon Garrison owned and lived on 300 acres of farmland in northern Iowa. In 2015, Defendants New Fashion Pork and BWT Holdings began operating a confined animal feeding operation (CAFO) approximately a half mile away from Plaintiff’s property. Plaintiff alleged that his property began experiencing consistent bad odors and manure drainage, both produced by […]


Tansha Akogyeram Secures Dismissal in Underinsured Motorist Case

Tansha Akogyeram secured the dismissal of an underinsured motorist (UIM) action against Safeco Insurance Company of Illinois (“Safeco”) in June. The UIM action resulted from a 2019 hit-and-run accident in Des Moines while the Plaintiff was a passenger in a rideshare vehicle. Plaintiff filed suit against the rideshare company’s insurer and Safeco for UIM benefits. […]


Iowa Supreme Court Finds Easement Not Dedicated to City

July 5, 2022

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 Supreme Court Decision Allows Subcontractors More Time To Post Commencement of Work Notice

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 […]


IOWA SUPREME COURT FINDS MEDICAL NEGLIGENCE SUIT PROPERLY DISMISSED FOR FAILURE TO FILE CERTIFICATE OF MERIT

May 17, 2022

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 […]


IOWA SUPREME COURT HOLDS “DIRECT PHYSICAL LOSS OF OR DAMAGE TO PROPERTY” LANGUAGE IN A COMMERCIAL PROPERTY INSURANCE POLICY REQUIRES A PHYSICAL ASPECT TO THE LOSS

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 […]


IOWA SUPREME COURT FINDS A ROTATOR CUFF INJURY IS A WORKERS’ COMPENSATION SCHEDULED MEMBER INJURY

On February 5, 2018, the claimant, Rosa Chavez, sustained a work injury in the course of her employment as a lab technician at MS Technology, LLC. An MRI revealed Chavez had sustained a “full thickness rotator cuff tear that has retracted to the level of the glenoid, severe AC arthrosis, tendonitis and tearing of the […]