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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GILLELAND v. ARMSTRONG RUBBER CO. - 11/23/1994
Larry Gilleland appeals from a district court order affirming the industrial commissioner's denial of his claim for additional workers' compensation benefits. He contends the scheduled injury provisions of Iowa Code section 85.34(2)...
COMMITTEE ON PROF. ETHICS & CONDUCT v. PETERSON - 11/23/1994
The main question here is what action is appropriate upon our de novo review of the report of our Grievance Commission in this attorney disciplinary proceeding involving respondent Dennis D. Peterson. We revoke respondent's license to...
MATTHESS v. STATE FARM MUT. AUTO. INS. CO. - 9/21/1994
In this personal injury case, the plaintiff appeals from a district court order denying his motion for new trial following a jury trial. In his motion, the plaintiff challenged the verdict as inadequate. The court of appeals agreed,...
GERINGER v. IOWA DEPT. OF HUMAN SERVICES - 9/21/1994
Ellen Geringer, the mother of Kelsey Geringer, appeals from a judgment upholding an adverse determination by the Iowa Department of Human Services (DHS) with respect to her efforts to have a child abuse report, which had been filed...
HUGHES v. MASSEY-FERGUSON - 9/21/1994
Appellant Thomas Hughes seeks a third trial in this suit for severe injuries he sustained while operating a combine manufactured by defendant Massey-Ferguson. The question on appeal is whether, as Hughes contends, the district court...
EZZONE v. RICCARDI - 9/21/1994
[525 NW2d Page 390]
[525 NW2d Page 391]
Appeals are routinely controlled by our scope of review. This case, involving a surprising jury verdict, is a classic example. Plaintiffs, formerly husband and wife, recovered...
TOM RILEY LAW FIRM - 6/28/1994
This case involves an unfortunate fee dispute between an attorney and client. Donald Tang retained the Tom Riley Law Firm to represent him as the plaintiff in an automobile accident personal injury suit. Tang signed a contingent fee...
GERACE v. 3-D MFG. CO. - 6/28/1994
Apache Hose and Belting Inc. is a supplier of hose and belting with processing and distribution centers in Cedar Rapids, Kansas City, and St. Louis. Charles Gerace was employed as a belt splicer at the Cedar Rapids center.
In...
BIDDLE v. SARTORI MEMORIAL HOSP. - 6/22/1994
This is an appeal from pretrial rulings and a defense verdict rendered in a medical malpractice action. Finding no error, we affirm.
The case stems from the tragic death of Sandra Biddle, a thirty-nine-year-old mother who became...
POULA v. SIOUXLAND WALL & CEILING - 3/24/1994
In May 1984 while working for Siouxland Wall and Ceiling, Chris Poula fell from scaffolding. A day or two after the accident, Poula began suffering back pain. Subsequent medical examinations revealed Poula suffered a low back injury...
BRAY v. HILL - 3/24/1994
Plaintiffs appeal a judgment entered upon a jury verdict for defendants in a medical malpractice action. Plaintiffs contend the district court erred in: (1) excluding evidence that defendant Gregory failed to disclose his probationary...
WHITE v. NORTHWESTERN BELL TELEPHONE CO. - 3/23/1994
[514 NW2d Page 72]
This appeal stems from a dispute between an employee and his former employer over payment of medical expenses under a settlement agreement approved by the Iowa Industrial Commissioner. The main issue is whether...
BROWN v. LIBERTY MUT. INS. CO. - 3/23/1994
The United States District Court for the Northern District of Iowa has certified two questions to this court arising out of a suit for bad-faith failure to pay workers' compensation benefits. The questions posed are as follows: ...
CENTRAL NAT. INS. CO. OF OMAHA v. INA - 3/23/1994
[513 NW2d Page 752]
Central National Insurance Company of Omaha (CNI) obtained a default judgment against parties insured by Insurance Company of North America (INA) and Employers Reinsurance Corporation (Employers). When the...
VACHON v. STATE - 3/23/1994
I. Introduction
Maurice and Kathie Vachon ("Vachons") appeal from the entry of summary judgment against them with regard to their medical malpractice suit against the State of Iowa. The Johnson County District Court entered...
NOBLE v. LAMONI PRODUCTS - 2/23/1994
This appeal by an injured worker challenges the industrial commissioner's finding that carpal tunnel syndrome is an occupational injury, not an occupational disease, and therefore compensable under Iowa Code chapter 85 (1991). On...
FERGUSON v. ALLIED MUT. INS. CO. - 2/23/1994
I. Introduction
This declaratory action concerns a controversy between two insurance companies, Allied Mutual Insurance Company (Allied), appellee, and Aetna Casualty and Surety Company (Aetna), appellant, over the coverage...
IN RE HOWARD - 2/23/1994
Harley Scott Herman, as special counsel for the National Bar Association, has applied for posthumous reinstatement of the license of Charles Preston Howard, Sr. The application was filed October 13, 1993, and has been considered by the...
HURLEY v. SHELLER-GLOBE CORP. - 12/29/1993
Geneva Hurley began employment with Sheller-Globe Corporation in Iowa City, Iowa, in 1984. The company manufactures vinyl parts for cars, such as dashboards and armrests. Hurley had back surgery in 1978, prior to her employment at...
HORNICK v. OWNERS INS. CO. - 12/22/1993
Here we must decide if a pedestrian, who was struck and injured by an underinsured negligent motorist, is entitled to underinsured motorist benefits under her husband's automobile liability insurance policy. The district court...
SCHETTLER v. DIST. CT. FOR CARROLL CTY. - 12/22/1993
Elmer Joseph Schettler and Schettler Seed Farms, Inc. (SSFI), "appeal" from a district court order denying their motion for sanctions against Thomas W. Polking, attorney for Elmer's former spouse, Jane Mary Schettler. Elmer casts...
SUMMERHAYS v. CLARK - 12/22/1993
This interlocutory appeal tests the liability of a restaurant and its owner for the tragic aftermath of a holiday party given for the establishment's employees. The district court found as a matter of law that the restaurant did not...
HASBROUCK v. ST. PAUL FIRE & MARINE INS. - 12/22/1993
A patient and her spouse brought this declaratory judgment action against her [511 NW2d Page 365]
treating physician, his professional corporation, and his insurance company. The purpose of the suit was to determine coverage...
ESTATE OF OSWALD v. DUBUQUE COUNTY - 11/29/1993
In this consolidated appeal seeking damages for personal injury and resulting death, the plaintiff estates of Judith and LeRoy Oswald appeal the district court's judgment granting defendant Dubuque County's motion for summary judgment....
Meyer v. City of Des Moines - 9/18/1991
Considered en banc.
The defendants appeal from jury verdicts in a bifurcated trial arising out of a personal injury action. The defendants raise issues concerning jury instructions, sufficiency of the evidence, and taxation of...
TULL v. HONDA RESEARCH AND DEVELOPMENT - 5/15/1991
Iowa Code chapter 616 (1989) has two venue provisions that determine where personal injury actions shall be filed. They are Iowa Code sections 616.17 and 616.18. Another provision, Iowa Code section 616.20, provides that a nonresident...
COX v. JONES - 5/15/1991
The issue in this medical malpractice action is whether plaintiffs had lost the right to introduce expert testimony because of their failure to designate an expert within the time required by Iowa Code section 668.11 (1987). The...
STATE v. GREEN - 5/15/1991
Under our implied consent law, must a peace officer make a written request for withdrawal of a body specimen when the person to be tested is incapable of consenting to or refusing chemical testing? The district court thought so and...
COMMITTEE ON PRO. ETHICS & CONDUCT v. NADLER - 3/20/1991
In May 1990, the Committee on Professional Ethics and Conduct of the Iowa State Bar Association (committee) charged Isadore Nadler with three counts of unethical and unprofessional conduct. Following hearing, a division of the...
BATES v. ALLIED MUT. INS. CO. - 3/20/1991
Appellant, George Bates, appeals from an adverse ruling in the district court on motions for summary judgment filed by appellees Allied Mutual Insurance Company (Allied) and Gene R. La Suer. The district court granted appellees'...
HANDLEY v. FARM BUREAU MUT. INS. CO. - 3/20/1991
Nancy Handley died from injuries received in an auto accident involving a car driven by her and one driven by defendant Loren Roiger. Plaintiffs, the estate of Nancy Handley and her husband Randall Handley, filed this wrongful death...
WILSON v. HAYES - 12/19/1990
[464 NW2d Page 252]
Two doctors brought suit against an attorney alleging malicious prosecution and abuse of process. The claims arose out of a medical malpractice action that the attorney brought against the doctors on behalf of...
CALLAHAN v. STATE - 12/19/1990
Four-year-old Matthew Althaus, deaf and cerebral palsied, entered the Iowa School for the Deaf at Council Bluffs in 1981. From that time until he left ISD at the age of seven, Matthew was physically and sexually abused by the staff and...
SMITH v. SMITHWAY MOTOR XPRESS - 12/19/1990
This case involves the discharge of an employee in retaliation for filing a workers' compensation claim. The jury found for the employee, and awarded $33,000 compensatory and $100,000 punitive damages. This appeal and cross-appeal...
FELL v. KEWANEE FARM EQUIPMENT CO. - 6/20/1990
[457 NW2d Page 913]
Anne Fell was loading ear corn into a corn crib when her left hand became entangled in the exposed beveled gear mechanism of a Kewanee Model 500 elevator. As a result of the accident Anne suffered mutilating...
KONICEK v. LOOMIS BROS. - 6/20/1990
The plaintiff here is an employee of an independent contractor. A general contractor hired the plaintiff's employer to roof a building under construction. The plaintiff fell while working on the roof and sustained severe injuries. The...
BABE v. GREYHOUND LINES - 3/27/1990
Petitioner James E. Babe was employed as a ticket and baggage agent for respondent Greyhound Lines, Inc. His job required him to lift freight and baggage. Babe first injured his back in January 1979. This injury was incurred while Babe...
SANDRY v. JOHN DEERE CO. - 12/21/1989
Billy Dean Sandry was injured in 1985 when his right hand contacted the radiator fan of a John Deere model 6600 combine, nearly severing three of his fingers. Sandry, employed as a John Deere dealer mechanic, was completing repairs to...
NIEMAN v. IOWA DEPT. OF TRANSP. MVD - 12/21/1989
Defendant-appellant Iowa Department of Transportation, Motor Vehicle Division, appeals a district court ruling reversing the revocation of plaintiff-appellee Alan William Nieman's driver's license. Appellant contends the district court...
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