Iowa Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Iowa or Court of Appeals of Iowa where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Sampson v. American Standard Insurance Co. - 7/29/1998
Appeal from the Iowa District Court for Scott County, C.H. Pelton, Judge.
Plaintiff insured appeals from a district court decision granting defendant insurer's motion for partial summary judgment and dismissing plaintiff...
Ranney v. Parawax Co. - 7/29/1998
Appeal from the Iowa District Court for Polk County, Gene L. Needles, Judge.
Appeal from dismissal of workers' compensation claim on statute-of- limitations grounds. AFFIRMED.
Considered en banc.
This case involves...
Modern Piping Inc. v. Blackhawk Automatic Sprinklers Inc. - 7/29/1998
Appeal from the Iowa District Court for Johnson County, William L. Thomas and Patrick R. Grady, Judges.
Plaintiff/subcontractor appeals adverse jury verdict on claim of indemnity from subcontractor arising from damage caused by...
Olson v. Nieman's - 5/28/1998
Appeal from the Iowa District Court for Cerro Gordo County, Gilbert K. Bovard, Judge.
Company appeals from jury verdict awarding inventor damages for misappropriation of inventor's trade secret. Inventor cross-appeals. AFFIRMED...
Olson v. Nieman's Ltd. - 5/28/1998
Appeal from the Iowa District Court for Cerro Gordo County, Gilbert K. Bovard, Judge.
Company appeals from jury verdict awarding inventor damages for misappropriation of inventor's trade secret. Inventor cross-appeals. AFFIRMED...
WAITS v. UNITED FIRE & CAS. CO. - 12/24/1997
[572 NW2d Page 567]
[572 NW2d Page 568]
Appellee, Lori Gail Waits, brought this action to recover underinsured motorist benefits under an automobile liability policy issued to her by appellant, United Fire & Casualty...
IOWA SUPREME COURT v. HOFFMAN - 12/24/1997
This attorney disciplinary matter is before us for de novo review in accordance with Iowa Supreme Court rule 118.10. A division of the grievance commission has recommended that we suspend respondent's license to practice law for a...
JARNAGIN v. FISHER CONTROLS INTERN. - 12/24/1997
Plaintiff appeals the district court's ruling granting defendants' motion for summary judgment. He argues the district court erred in finding LP gas regulators were improvements to real property and thus that his action was barred by...
IOWA MUTUAL INS. CO. v. MCCARTHY - 11/26/1997
This appeal involves a dispute concerning liability insurance coverage for a wrongful death claim made by the appellant, Donna Rae Kelly, as administrator of the Estate of Leo Kelly and as next friend of Amy Kelly, against Philip J....
JOHNSON v. KNOXVILLE COMMUNITY SCH. DIST. - 11/26/1997
The plaintiffs appeal the denial of their motion for new trial after a jury returned a verdict finding defendant's negligence was not the proximate cause of the damages claimed. We reverse and remand for a new trial.
On February...
STATE v. DENNISON - 11/26/1997
The State appeals the district court's dismissal of the defendant's operating-while-intoxicated (OWI) charge on speedy indictment grounds. The issue before us is whether the defendant was "arrested" for purposes of the speedy...
ETCHEN v. HOLIDAY RAMBLER CORP. - 11/25/1997
A buyer seeks warranty damages from a conflagration that ravaged his motor home during the first year of ownership. After a [574 NW2d Page 357]
bench trial, the trial court found the buyer failed to establish seller and...
THORNTON v. HUBILL - 9/24/1997
Carl Jefferson Thornton (Thornton) appeals from an adverse summary judgment ruling dismissing his claim for breach of a settlement agreement against United States Fidelity & Guaranty Company (USF & G), Hubill, Inc. (Hubill),...
MCCLENDON v. BECK - 9/17/1997
This appeal reaches us on further review from a court of appeals decision that reversed the district court's summary judgment for defendants on statute of limitations grounds. The question is whether this medical malpractice action is...
FLOM v. STAHLY - 9/17/1997
[569 NW2d Page 137]
This controversy revolves around alleged defects in a Plymouth County house sold by defendants Thomas L. Stahly and Kathleen E. Stahly to plaintiffs Douglas E. Flom and Linda A. Flom.
In defendants'...
IOWA SUPREME COURT BD. v. SCHEETZ - 9/17/1997
This is another disciplinary proceeding involving respondent, James Scheetz. It comes before us for review of the Grievance Commission's findings and recommendation pursuant to Iowa Supreme Court Rule 118.10.
In June 1996 we...
FRYE v. SMITH-DOYLE CONTRACTORS - 6/26/1997
On May 3, 1993, Robert Frye jumped to his death from a bridge into the Des Moines River. He was survived by his wife Rebecca and two minor children. The record reveals Robert had a long history of depression and substance abuse....
ESTATE OF VAZQUEZ v. HEPNER - 6/18/1997
[564 NW2d Page 428]
Daniel Vazquez died as a result of injuries sustained in a fire in the duplex where he was living. The fire started as a result of faulty wiring located in the ceiling space between the first and second...
TUCKER v. CATERPILLAR - 6/18/1997
Plaintiff challenges the district court's ruling that excluded evidence of warning measures, in connection with a backhoe loader, taken by the defendant manufacturer after the manufacture and sale of the backhoe but before plaintiff...
BURTON v. UIHC - 6/18/1997
At issue in this appeal is whether Iowa Code section 135.41 (1993) gives an in-hospital staff committee of a state hospital discretion to deny public inspection of records regarding summaries of nosocomial infections (infections that a...
JOHNSON v. JOHNSON - 6/18/1997
Iowa Code section 321G.18 (1993) provides that " he owner and operator of an all-terrain vehicle . . . is liable for any injury or damage occasioned by the negligent operation of the all-terrain vehicle. . . ." This personal injury...
RAY v. PAUL - 3/28/1997
[563 NW2d Page 637]
Plaintiff Lolita Ray appeals from an adverse jury verdict and resulting judgment dismissing the medical malpractice claim she brought against defendant Dr. Mitchell R. Paul on behalf of her child Kyle Ray. We...
SCOGGINS v. WAL-MART STORES - 3/26/1997
This further review of our Iowa Court of Appeals decision involves the claim by Dionne M. Scoggins, as administrator of the estate of Chad J. Schleicher, that defendant, Wal-Mart Stores, Inc., is legally responsible for the death of...
ALVAREZ v. MEADOW LANE MALL - 3/26/1997
This appeal challenges a trial court order dismissing a tort suit. It was dismissed as to one defendant because of the failure to provide a timely service of original notice. It was dismissed as to other defendants because it was not...
HAGEN v. DENOOY - 2/26/1997
[563 NW2d Page 6]
On May 12, 1992, Donna Diane Ten Hagen's 1978 Dodge van collided with a tractor and cultivator on a rural gravel road. Jamie Bruxvoort, age seventeen, was operating the tractor at the time of the collision. The...
CHICAGO CENT. v. UNION PACIFIC - 2/19/1997
[558 NW2d Page 713]
This suit stems from a freight train derailment that occurred near Williams, Iowa, in December 1990. Two railroad companies dispute, on numerous theories, whether one of them should compensate the other for...
MATTER OF ESTATE OF SYLVESTER - 2/19/1997
This is an appeal by a workers' compensation insurance carrier from an order by the district court approving a settlement between the family of a deceased employee and a third-party tortfeasor. The insurer, Cincinnati Insurance...
GLENN v. CARLSTROM - 12/18/1996
Plaintiff, Amy Glenn, appeals from an adverse judgment in a medical malpractice action against Dr. Thomas Carlstrom, Dr. David Boarini, and Iowa Methodist Medical Center. She asserts that the trial court erred during the course of the...
GENERAL CAR & TRUCK v. LANE & WATERMAN - 12/18/1996
[557 NW2d Page 276]
Plaintiff, General Car & Truck Leasing System, Inc., sought the assistance of defendant, Lane & Waterman, in applying for and renewing the registration of its service mark. This registration was later...
BUTTZ v. OWENS-CORNING FIBERGLAS CORP. - 12/18/1996
Archie Buttz and Paul Lowe were employed as construction workers prior to their retirement in 1978. They later were found to have asbestos-related diseases, and they filed these suits against the asbestos manufacturers, Owens-Illinois,...
WRIGHT v. MIDWEST OLD SETTLERS - 12/18/1996
At issue in the present case is whether a train operated by the defendants, Midwest Old Settlers and Threshers Association (association) and Gary Van Gilst, comes within the definition of a common carrier, thereby justifying an...
MATTER OF ESTATE OF VOSS - 9/18/1996
Aliccia Voss filed a claim against the State with the Iowa State Appeal Board seeking compensation for the death of her adult son, Bryan Voss. The Board denied her claim. After her subsequent appointment as the administrator of her...
COSTELLO v. MCFADDEN - 9/18/1996
The district court denied the defendant's motion to vacate judgment against him. The court also denied the plaintiffs' request for attorney fees. The defendant appealed and the plaintiffs cross-appealed. We affirm on the appeal and the...
CAROLAN v. HILL - 9/18/1996
[553 NW2d Page 884]
In this medical malpractice action, James Carolan sued Donal D. Hill, D.O., Winn H. Gregory, M.D., Medical Arts Clinic, and Jefferson County Hospital (defendants) for an ulnar nerve injury he allegedly...
IOWA SUPREME COURT BD. v. GOTTSCHALK - 9/18/1996
The Iowa Board of Professional Ethics and Conduct (board) charged attorney Don E. Gottschalk with converting $1000 in client trust funds. The board also charged Gottschalk with falsely reporting he monthly reconciled his client trust...
VEASLEY v. CRST INTERN. - 9/18/1996
Plaintiff, Calvin Veasley, and his wife, Sharon Veasley, (the Veasleys) appeal from an adverse summary judgment in their action against defendant Rapid Leasing, Inc. (Rapid Leasing). Calvin Veasley was a relief driver for a commercial...
HEINE v. ALLEN MEMORIAL HOSP. CORP. - 6/19/1996
In this case the district court determined Iowa Code section 147.136 (1993) applies to the plaintiff's contribution claim against a physician and his employer. On appeal we reverse and remand
I. Background.
The following...
ALLEN v. ALLEN WATER & WASTEWATER - 6/19/1996
The issue before us on further review is whether the district court or the industrial commissioner must decide an issue involving an indemnification amount in this workers' compensation case. The district court and court of appeals...
FREESE v. BITUMINOUS CAS. CORP. - 6/19/1996
Plaintiffs, Julie Ann Freese and Raymond L. Freese, appeal from an adverse judgment in their action seeking to recover uninsured motorist benefits under a commercial umbrella policy issued by defendant Bituminous Casualty Corporation...
RICHARDS v. MIDLAND BRICK SALES CO. - 5/31/1996
Mary Richards appeals the dismissal of her claim for negligence, breach of implied warranty, and strict liability. We affirm.
Richards entered into a contract with Yarrow and Kinsey Construction Company to build a home in Ankeny,...
FRUNZAR v. ALLIED PROPERTY AND CAS. INS. - 5/22/1996
[548 NW2d Page 882]
The overall issue in the present case is whether the district court properly awarded plaintiff Elizabeth Frunzar uninsured motorist coverage under an insurance policy issued to her father for injuries she...
CHUNG v. LEGACY CORP. - 5/22/1996
Appellee, Tat Man Chung, was injured when the vehicle he was driving collided with a vehicle operated by appellant, Kip Donavan Karns. In this personal injury action brought by Chung to recover damages for his injuries, Chung alleged...
HYLER v. GARNER - 5/22/1996
[548 NW2d Page 866]
Appellees, James and Bonnie Hyler, purchased a motor home from appellant, Ed Garner's Autorama RV Center, Inc. (Autorama). The Hylers subsequently sued to rescind the purchase agreement based on...
KRAPFL v. FARM BUREAU MUT. INS. CO. - 5/22/1996
This appeal presents a dispute concerning whether a subrogated medical payment insurer, who intervened in plaintiffs' personal injury action, may be held responsible for a pro rata share of plaintiffs' attorney fees and litigation...
KULISH v. WEST SIDE UNLIMITED CORP. - 3/20/1996
Appellants, Donald E. Kulish and Linda L. Kulish, seek to recover consortium damages arising from the wrongful death of their adult son, Matthew Kulish. Relying on principles of equal protection, they ask us to recognize their right to...
IDE v. FARM BUREAU MUT. INS. CO. - 3/20/1996
A custom sheep owner and custom sheep feeders entered into a custom feeding contract. The owner sued the feeders individually and in partnership for damages sustained by the loss of a large number of sheep due to an ice storm while in...
COLLINS v. KING - 3/20/1996
This appeal comes after a jury awarded plaintiff damages for personal injuries that were reduced by the court by the amount she had received in disability income payments. We reverse and remand for entry of an additur to the judgment...
WEATHERWAX v. KOONTZ - 3/20/1996
We continue to face complaints that a jury verdict does not correctly reflect the agreement of the jury, or is erroneous for some other reason. In sorting through these complaints, the threshold question is whether the inquiry is...
WILLEY v. RILEY - 12/20/1995
[541 NW2d Page 523]
In this action by plaintiff attorney against defendants, his former law firm and employer, two questions are presented. On appeal, defendants contend substantial evidence did not support submission by the...
CELOTEX CORP. v. AUTEN - 12/20/1995
This workers' compensation case comes to us on further review. The Celotex Corporation appealed from an industrial commissioner's decision awarding 100% permanent total industrial disability benefits to its former employee, Douglas B....
DUDDEN v. GOODMAN - 11/27/1995
This case concerns the alleged legal malpractice of Charles I. Goodman in the preparation of the tax returns for the estate of Claus P. Dudden. Specifically, the plaintiffs claim Goodman failed to take the marital deduction or take...
WIESELER v. SISTERS OF MERCY HEALTH CORP. - 11/22/1995
Plaintiff Alvin Wieseler was injured when he slipped and fell in the defendant hospital's parking lot.
The question here is whether substantial evidence showed defendant hospital should have anticipated harm to Alvin even though...
FRIDERES v. SCHILTZ - 11/22/1995
This case is considered pursuant to the Uniform Certification of Questions of Law Act, Iowa Code chapter 684A. The United States District Court for the Northern District of Iowa has certified to us questions of Iowa law which we now...
BECKER v. WRIGHT - 11/22/1995
The plaintiffs filed suit against the defendants in Linn County. The defendants' motion for change of venue was granted and the case was moved to Benton County. The plaintiffs did not thereafter move for a change of venue, the matter...
VAN OVERBEKE v. YOUBERG - 11/22/1995
This is an appeal from a judgment for the defendants in a medical malpractice case. The plaintiff raises several substantive issues, but one of those issues is dispositive of the case: the plaintiff's failure to bring the action within...
WOODROFFE v. HASENCLEVER - 11/22/1995
This case involves an interpretation of Iowa Code section 614.8A (1991), damages for child sexual abuse — time limitation. Plaintiff filed claims for sexual abuse, assault, and intentional infliction of emotional distress. Defendant...
BIGALK v. BIGALK - 11/22/1995
Plaintiff, Gertrude Bigalk, appeals from an adverse judgment in her personal injury litigation against defendant, Donald Bigalk, to whom she is distantly related by marriage. Plaintiff claims to have been injured by falling into an...
IN RE MARRIAGE OF PLASENCIA - 10/31/1995
[541 NW2d Page 925]
Respondent-appellant Raphael A. Plasencia challenges the order dissolving his marriage to petitioner-appellee Deborah H. Plasencia. Raphael claims the court (1) failed to equitably divide the parties' assets;...
SLAYMAKER v. ARCHER-DANIELS-MIDLAND CO. - 9/22/1995
Robert and Bruce Slaymaker and Steven Huggins appeal the district court's order granting summary judgment in favor of defendants Archer-Daniels-Midland Company and Abell-Howe Company. We affirm.
In 1993 Robert and Bruce Slaymaker...
DUDLEY v. GMT CORP. - 9/22/1995
The plaintiff, Patricia Dudley, appeals an adverse judgment entered in her personal injury action. While at work, Dudley injured her hand in an assembly machine. Dudley sued the manufacturer of the machine, GMT, as well as Batchelor...
KRAGEL v. WAL-MART STORES - 9/20/1995
[537 NW2d Page 701]
In this slip and fall case, the plaintiff sued only the owner of the premises where she fell. Her husband joined in the lawsuit for loss of consortium. The owner cross-petitioned for contribution against an...
JOHNSON v. FARMER - 9/20/1995
The issues on this appeal are (1) whether the personal injury claim of plaintiff Donna K. Johnson (Donna) and the loss-of-consortium claims of her husband and children against defendant Des Moines Area Community College (DMACC) are...
PIRELLI v. MIDWEST - 9/20/1995
In the district court, the plaintiff, Pirelli-Armstrong Tire Corporation (Pirelli), recovered indemnity from defendant, Midwest-Werner & Pfleiderer, Inc. (Midwest), for seventy percent of the workers' compensation benefits paid to...
GRANT v. LAURIE - 6/21/1995
In Grant v. Iowa District Court, 492 N.W.2d 683, 685 (Iowa 1992), we held that a court lacked either statutory or inherent authority to tax as costs in a tort suit the fees for an attorney appointed as guardian ad litem to represent an...
STATE v. BLAKLEY - 6/21/1995
In this discretionary review, we must decide whether the State's motion to amend sentence to include restitution was untimely under Iowa Code section 910.3 (1993). The district court thought so and refused to allow the State's...
MORGAN v. AMERICAN FAMILY MUT. INS. CO. - 6/21/1995
[534 NW2d Page 94]
This case involves a dispute over an insurer's responsibility to pay uninsured motorist benefits. The insureds brought suit alleging breach of contract and bad faith denial of their claim. The jury found the...
HALE v. CLASSIFIED INS. CO. - 5/30/1995
Marsha Jo Hale was injured in an automobile accident in 1985 involving a truck owned by Lange Tire Service (Lange Tire) and driven by Roderick Harding during his course of employment with Lange Tire. At the time of the accident,...
PETITION OF ANDERSON - 2/28/1995
This is an appeal from an action to modify custody. Our review of this matter is de novo. In re Marriage of Montgomery, 521 N.W.2d 471, 473 (Iowa App. 1994). We give weight to the fact findings of the trial court, especially when...
STEVENS v. DES MOINES SCHOOL DIST. - 2/22/1995
Danny Stevens was attending a middle school in Des Moines when he was beaten by another student, Shawn Harris. Danny and his parents (collectively "Stevens" or "the plaintiff") sued the Des Moines Public School District, alleging...
COMMITTEE ON PROFESSIONAL ETHICS v. HUMPHREY - 2/22/1995
The Committee on Professional Ethics and Conduct of the Iowa State Bar Association investigated lawyer Bryan J. Humphrey for the alleged neglect of three probate matters and a postconviction relief (PCR) matter. In the process,...
KIBBEE v. STATE FARM FIRE AND CAS. CO. - 12/21/1994
In this case we decide whether a liability policy affords coverage for damages recovered under a theory of intentional infliction of emotional distress. We conclude, as did the district court, that it does not. Therefore, we affirm. ...
GREFE & SIDNEY v. WATTERS - 12/21/1994
This case involves issues arising from a petition by a law firm against its client for fees and a counterclaim by the client for alleged legal malpractice.
The ultimate question is whether a verdict and judgment in favor of the...
2049 GROUP LTD. v. GALT SAND CO. - 11/28/1994
In the fall of 1991 Galt Sand Company contracted for 2049 Group Ltd., a California corporation, to perform garment finishing processes for it. In November Galt refused to pay final invoices totaling $127,394.88, claiming the goods it...
IN RE MARRIAGE OF CLIFTON - 11/28/1994
Petitioner-appellant David Frank Clifton appeals the district court's refusal to grant him physical care of his daughter, Stephanie. David also claims the trial court incorrectly calculated his child support obligation. We affirm. ...
VENARD v. WINTER - 11/23/1994
This legal malpractice case presents two questions. First, what statute of limitations governs this case? Second, can a plaintiff avoid the consequences of not designating experts within the time requirements of Iowa Code section...
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