Practice Area: Trial, Litigation, & ADR

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 […]


Mark Thomas Secures Directed Verdict in Legal Malpractice Claim

August 3, 2021

Following the close of the plaintiff’s case during a trial in Black Hawk County, Mark Thomas obtained a directed verdict on behalf of his client, an Iowa attorney. The plaintiff filed a legal malpractice claim against Mark’s client, alleging the attorney failed to bring an action challenging a tax deed after a tax sale of […]


Andrew Hall and Benjamin Erickson Obtain Favorable Ruling from Iowa Court of Appeals

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 […]


Erickson Secures Defense Verdict and Counterclaim Judgment in Bailment Claim

July 8, 2021

On June 28, 2021, Ben Erickson obtained a defense verdict and counterclaim judgment on behalf of a local business. The case stems from Plaintiff’s claim that Erickson’s client wrongfully towed and disposed of over fifteen vehicles in violation of Iowa law. Plaintiff plead multiple legal theories, including negligent bailment, unjust enrichment, and consumer fraud pursuant […]


Iowa Supreme Court Allows Cell Phone Use as Evidence of Habit

June 17, 2021

Miranda Pomeroy was driving westbound on Cumming Avenue while Matthew Holmes was riding his bicycle on a bike trail heading toward Cumming Avenue. Holmes turned onto Cumming Avenue and collided with Pomeroy’s vehicle, resulting in injuries to Holmes. Holmes sued, alleging negligence. Pomeroy filed a motion in limine requesting the district court preclude Holmes from […]


Mitchell and Corpstein Secure Defense Verdict on Plaintiffs’ Claim Seeking $925,561.36

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 […]