Justia Injury Law Opinion Summaries

The Supreme Court reversed the judgment of the trial court dismissing this lawsuit brought by an injured pedestrian against a city over a defective city sidewalk, holding that the trial court erred in dismissing the case for failure to state a claim based on the public duty doctrine.Plaintiffs sued the City of Urbandale claiming that the City had failed properly to maintain, repair, and warn about a dangerous and uneven sidewalk, causing her injuries. The district court granted the City's motion to dismiss, concluding that the public-duty doctrine barred Plaintiffs' claims. The Supreme Court reversed, holding that the pleading was sufficient to avoid application of the public-duty doctrine for motion-to-dismiss purposes. View "Fulps v. City of Urbandale" on Justia Law

The Supreme Court affirmed the judgment of the district court determining that Jason Carter was civilly liable for the death of his mother, Shirley Carter, holding that the district court did not abuse its discretion.Jason was civilly accused by his father and brother of intentionally shooting his mother. After a jury determined that Jason was civilly liable the State charged Jason with first degree murder. As a result of discovery from that criminal proceeding, Jason was acquitted murder. Jason later filed a second petition to vacate the judgment based on newly discovered evidence. The district court dismissed the petition. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in denying Jason’s motion for continuance, judgment notwithstanding the verdict, first petition to vacate the judgment, and motion for recusal; (2) properly denied Jason's motion to quash a subpoena to the Iowa Department of Criminal Investigations; and (3) lacked jurisdiction to hear this second petition to vacate the judgment because it was untimely. View "Carter v. Carter" on Justia Law

The Supreme Court reversed the ruling of the district court ordering a new trial on damages in this action against a golf course for owner liability under Iowa Code 321.493 and common law premises liability, holding that the district court erred by ordering a new trial.Plaintiff was ejected from a golf cart and severely injured when the cart struck a bridge. Plaintiff settled his claims against the driver and signed a release expressly reserving his claims against the owner. Plaintiff then sued the golf course for owner liability and premises liability. A jury found the golf course not negligent for premises liability and the driver one hundred percent at fault for damages. Plaintiff moved for a new trial because the evidence showed the past medical expenses were many times the amount awarded. The trial court granted Plaintiff's motion for a new trial on damages against the owner. The Supreme Court reversed, holding that Plaintiff's release of the driver extinguished the vicarious liability claims against the golf course as the golf cart owner under section 321.493 for the damages caused by the driver's negligent driving. View "Jones v. Glenwood Golf Corp." on Justia Law

The Supreme Court affirmed the judgment of the district court in favor of Defendants in this personal injury case, holding that the Federal Railroad Safety Act preempted Plaintiff's excessive speed claims and that summary judgment was properly granted on his lookout and braking claims.The driver of a road grader was seriously injured when a train struck the grader while it crossed the railroad tracks. The driver sued the railroad and the train crew alleging failure to break, excessive speed, failure to keep a proper lookout, and failure to properly sound the horn. The district court granted summary judgment to Defendants on all but the horn claims. After a trial, a jury returned verdicts for Defendants on the horn claims. The Supreme Court affirmed, holding (1) the driver's excessive speed claims were preempted by federal law; and (2) summary judgment was properly granted on the lookout and braking claims based on lack of causation. View "Wermerskirchen v. Canadian National Railroad" on Justia Law

The Supreme Court provided answers to certified questions of law in a federal case brought against the State and a Department of Natural Resources (DNR) officer who shot and killed Plaintiff's son during an armed standoff, concluding that the legislature intended the Iowa Tort Claims Act (Act) to serve as the gateway for all tort litigation against the State.The federal court dismissed all claims against the State and the DNR officer in his official capacity, finding as a matter of law that the officer was acting within the scope of his employment when he shot and killed Plaintiff's son. The federal court dismissed Plaintiff's negligence claims for failure to exhaust administrative remedies under the Act but declined to dismiss Plaintiff's claims against the DNR officer in his individual capacity. The Supreme Court answered the federal court's certified questions of law by holding (1) the Act applies to Plaintiff's state constitutional tort causes of action; (2) the available remedy under the Act for excessive force by a law enforcement officer is adequate; (3) Plaintiff's claims under the Iowa Constitution are subject to the administrative exhaustion requirement in Iowa Code 669.5(1); and (4) plaintiffs are required to bring their Iowa constitutional claims in the appropriate Iowa district court under Iowa Code 669.4. View "Wagner v. State" on Justia Law

The Supreme Court affirmed the ruling of the district court dismissing an employee's gross negligence claim against a coemployee, holding that settlement documents submitted to and approved by the workers' compensation commissioner extinguished the employee's gross negligence claim.Plaintiff, an employee of Lutheran Services in Iowa (LSI) was attacked by one of LSI's clients, causing injuries. Plaintiff filed a workers' compensation claim against LSI and its workers' compensation carrier. The parties settled, and the two settlement documents were approved by the Iowa Workers' Compensation Commissioner. Plaintiff subsequently filed a petition in district court seeking to recover damages from Defendant, Plaintiff's supervisor when he worked at LSI, on a theory of gross negligence. Defendant moved to dismiss the action, relying on release language in the settlement documents. The district court granted summary judgment for Defendant on both contract and statutory grounds. The court of appeals reversed, concluding that a settlement with the commissioner did not release a common law claim of gross negligence against a coemployee. The Supreme Court vacated the court of appeals' judgment and affirmed the district court's summary judgment, holding that the district court properly ruled that, as a matter of contract, the language in the terms of settlement extinguished Plaintiff's gross negligence claim. View "Terry v. Dorothy" on Justia Law

The Supreme Court reversed the judgment of the district court granting summary judgment to the City of Burlington and dismissing Plaintiffs' claim that the City was negligent by giving a sewer box the appearance that it was part of the City's trail system, holding that the public-duty doctrine did not shield the City from its affirmative acts under the circumstances and that a genuine issue of material fact existed precluding summary judgment.Plaintiff was injured when she struck a tree branch while riding on a sewer box that was connected to a public pathway and fell ten feet to the ground. Plaintiffs alleged that the City was negligent in connecting the sewer box to the pathway without providing guardrails and warning signs. The district court granted summary judgment in favor of the City based on the public-duty doctrine and the state-of-the-art defense. The Supreme Court reversed, holding (1) the public-duty doctrine did not apply to the facts of this case; and (2) because a material fact existed as to whether the City's pathway connected to the sewer box met the recognized safety standards at the time of construction the district court erred in granting the City's motion for summary judgment based on the state-of-the-art defense. View "Breese v. City of Burlington" on Justia Law

The Supreme Court reversed the judgment of the district court granting Defendant's motion for summary judgment pursuant to the continuing storm doctrine in this negligence action, holding that because a factual dispute existed as to whether there was a continuing storm the proper course was to instruct the jury on the doctrine and leave the fact-finding to the jury.Plaintiff sued Defendant, her landlord, after she slipped and fell on an icy sidewalk outside her apartment building. The district court held that the district court erred in holding that, as a matter of law, Defendant had no duty at the time Plaintiff fell to remove or ameliorate the accumulation of snow or ice on the sidewalk pursuant to the continuing storm doctrine. The Supreme Court reversed, holding (1) this Court declines Plaintiff's request to abandon the continuing storm doctrine; and (2) Defendant failed to establish the continuing storm doctrine entitled Defendant to judgment as a matter of law. View "Gries v. Ames Ecumenical Housing, Inc." on Justia Law

The Supreme Court held that judgment creditors cannot levy on their judgment debtor, obtain the judgment debtor's chose in action for legal malpractice against the attorney representing the judgment debtor in the litigation giving rise to the judgment, and prosecute the claim for legal malpractice against the attorney as successors in interest to their judgment debtor.Janice and Jeff Gray were awarded $127 million in a civil suit against James Lee Hohenshell. The court of appeals affirmed. While the appeal was pending, the Grays caused to be issued a writ of execution on the judgment against Hohenshell. Amongst the property levied on was any claims against Michael Oliver, Hohenshell's lawyer in the underlying suit. The Grays purchased this right for $5000 at the sheriff's sale. The Grays then filed this malpractice claim against Oliver as successors in interest to Hohenshell. The district court granted Oliver's motion for summary judgment, holding that public policy prohibits the assignment of a legal malpractice claim to an adversarial party in the underlying lawsuit. The Supreme Court affirmed, holding that judgment creditors cannot prosecute a claim for legal malpractice as successors in interest to their former litigation adversary where the claim for legal malpractice arose out of the suit in which the parties were adverse. View "Gray v. Oliver" on Justia Law

The Supreme Court reversed the judgment of the district court dismissing Appellant's petition for judicial review, holding that timely faxing a petition for judicial review to the opposing party's counsel, where the petition is actually received and no prejudice results, constitutes substantial compliance under Iowa Code 17A.19(2).Appellant filed four petitions with the Iowa Workers' Compensation Commission against Respondents, her employer and its workers' compensation insurance carrier, alleging that she received several workplace injuries. The commissioner largely denied the petitions. Appellant then filed a pro se petition with the district court seeking judicial review. The petition was electronically filed, and Appellant faxed copies the same day to Respondents and the workers' compensation commission. The district court granted Respondents' motion to dismiss, concluding that Appellant's sending of a fax of her petition was not substantial compliance with the requirements of section 17A.19(2). The Supreme Court reversed, holding that Appellant substantially complied with the service requirements in section 17A.19(2). View "Logan v. Bon Ton Stores, Inc." on Justia Law