Waterloo, Iowa personal injury lawyer represented Plaintiff, who sued Defendants on governmental tort claims act negligence theories.

Marcelino Alvarez Victoriano filed suit against the City of Waterloo and
Waterloo Police Department Officer C.J. Nichols, alleging Nichols shot him
without justification. The defendants moved to dismiss the petition pursuant to
Iowa Code sect... More...    $0 (01-20-2023 - IA)

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...    $0 (07-04-2018 - IA)

At about 6:39 a.m. on October 30, 2015, a police officer pulled over Bion Ingram, who was driving on Highway 14 in Newton, Iowa. The officer had noticed the vehicle’s license plate was not illuminated as required. After speaking with Ingram, the officer also noticed the
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vehicle’s registration sticker did not match its license plate—the vehicle’s actual registration had expired in 2... More...    $0 (07-03-2018 - IA)

This appeal raises, primarily, two issues of interpretation. Frank Washington
argues that the district court erred in its interpretation of the Speedy Trial Act and
crafted an unconstitutionally vague condition of supervised release. We agree with
the latter challenge, but disagree with the former assertion. We also disagree with
Washington’s only other claim on appeal—that his sen... More...    $0 (06-28-2018 - IA)

In December 2015, the State charged Kramer by trial information with
indecent contact with a child. It was alleged the conduct occurred in December
2014, when P.W.—the complaining witness—was twelve years old and staying at
Kramer’s home.
The next day, the county attorney filed a motion to have a guardian ad litem
(GAL) appointed. The motion requested the attorney by na... More...    $0 (01-12-2018 - IA)

Joanne Cote worked for Derby Insurance Agency from 1998 until 2014. In
2014, she sued the agency and Kevin Dorn (collectively, Derby),1 alleging sexual
discrimination based on a hostile work environment, as well as the torts of
intentional infliction of emotional distress and assault. On interlocutory appeal,
Derby challenges the district court’s denial of its motion for summary ju... More...    $0 (08-02-2017 - IA)

Walker appealed the denial of his motion to correct an illegal sentence,
arguing counsel was ineffective in not ensuring Walker had the benefit of a
hearing on his motion and that denial of his motion without an evidentiary hearing
was a denial of due process.1 See State v. Ondayog, 722 N.W.2d 778, 784
(Iowa 2006) (“Ineffective-assistance-of-counsel claims are not bound by More...    $0 (07-24-2017 - IA)

Viewing the trial evidence in the light most favorable to the jury’s guilty
verdicts, State v. Romer, 832 N.W.2d 169, 172-73 (Iowa 2013), the jury could
have found the following facts. Terri Andersen is Patricia Pranschke’s adult
daughter. In April 2015, a warrant was issued for Andersen’s arrest. The
warrant related to a traffic violation issued to Andersen for driving on a... More...    $0 (06-16-2017 - IA)

On December 7, 2014, E.W. was sleeping on a living room couch in her
boyfriend’s Iowa City apartment when she awoke at an early morning hour to find
a strange man in the room. The room was dim, lit by two or three miniature
Christmas trees, Christmas lighting strung up along the ceiling of the apartment,
a light on the stove, and lights from outdoors. Although E.W. was not we... More...    $0 (05-10-2017 - IA)

On May 30, 2015, at approximately 12:37 a.m.,1 Scheffert was driving a
motor vehicle in the Falls Access area in Black Hawk County. Officer Tim
Peterson initiated a stop of the vehicle because he believed it was located in a
county park area that closed at 10:30 p.m., pursuant to a county ordinance. After
making contact with Scheffert and his passenger, the officer received S... More...    $0 (05-10-2017 - IA)

For a few days prior to the June 16, 2015 robbery, Lashun Brown said that
her boyfriend and roommate, Montavis Keller, had slept with his handgun
“[b]ecause we heard we was supposed to get robbed” by Antonio Gantt, whom
both Brown and Keller knew. However, Brown asked Keller to move the gun to
the dresser because she “didn’t feel safe sleeping with it in the bed.”
After... More...    $0 (04-21-2017 - IA)

In the early hours of April 21, 2015, Deputy Sheriff Matt Struve received a
phone call from fellow Plymouth County Deputy Scott Dorhout, who had fielded a
request from an O’Brien County deputy to keep a lookout for a vehicle travelling
southbound toward Sioux City. The car was “coming from a known drug house”
in O’Brien County, according to the lookout request. Deputy Struve,... More...    $0 (02-10-2017 - IA)

In the early morning hours of Labor Day, September 1, 2014, Officer Brian Cuppy was on patrol in downtown Des Moines when he saw a truck eastbound on Court Avenue stop for a red light in the middle of the intersection with Water Street with its “back tires . . . more than five feet past the cross walk.” Officer Cuppy followed the truck, activated his police cruiser’s flashing lights, and initiate... More...    $0 (06-25-2016 - IA)

On July 27, 2014, at about 1:30 a.m., Iowa City police officers heard three
or four gunshots at the pedestrian mall in downtown Iowa City. Michael Dillon,
who operated a food vending cart, saw a man fire a weapon into the air and then
run from the scene. Diane Dillon, who was also working at the food vending cart,
crouched down when she heard the shots. Diane stated there we... More...    $0 (06-19-2016 - IA)

Kai Miller spent several hours at a Davenport bar, got behind the wheel of
his car, and crashed into another car. The driver and front-seat passenger in the
other car died. A third person seated in the back was seriously injured.
The State charged Miller with operating a motor vehicle while intoxicated
(first offense) as well as six additional crimes: two counts of homicide ... More...    $0 (05-12-2016 - IA)

This appeal presents questions of first impression concerning access to records of dependent adult abuse sealed under Iowa Code section 235B.9 (2013) and the use of such information in a criminal prosecution. The defendant, while employed at a home caring for dependent adults, allegedly punched a disabled client and was charged with dependent adult abuse in violation of section 235B.20(7). The S... More...    $0 (04-23-2016 - IA)

On June 23, 2013, Officer Kyle Jurgensen of the Waterloo Police Department was dispatched to the Wal-Mart in Waterloo based on a report of two individuals stealing items from the store. When Officer Jurgensen arrived, he spoke with Wal-Mart’s asset protection person who was able to identify the two suspects. Officer Jurgensen placed both individuals under arrest. Defendant Taquala Howse was one... More...    $0 (02-21-2016 - IA)

Bruce Baker works for Bridgestone/Firestone1 at its Des Moines plant. He has worked for the company since 1994. At the time of the arbitration hearing in this case, he was a maintenance mechanic in the hoist department. As a maintenance mechanic, Baker inspected and repaired machines located at the Bridgestone plant. This position often required him to work on scissor lifts suspended up to twe... More...    $0 (12-18-2015 - IA)

Todd Bohlen appeals the district court’s ruling on his petition to recover
child support overpayments he made to Jennifer Heller after his parental rights
were terminated. Todd Bohlen and Jennifer Heller divorced in 1997. Bohlen was ordered to
pay Heller child support of $312 per month. Bohlen left the state and lost contact
with his child. He also fell behind in his child s... More...    $0 (10-18-2015 - IA)

S.M. was born in October 2007. E.M., her maternal grandfather, and his
wife, C.M. (the guardians a/k/a the grandfather or grandmother), were appointed
guardians in March 2009, and S.M. has been in their sole care since that time.1
She is developmentally on track, has no special needs, does well in school, and
appears to be thriving. S.M. only lived with the mother during the... More...    $0 (08-10-2015 - IA)

Tamco Pork II, LLC, and Farm Bureau Mutual Insurance Company, as
subrogee, (collectively, hereinafter “Tamco”) pursue this appeal following an
adverse jury verdict in their action for negligence against Heartland Co-op and
Pro Build LLC. Tamco’s claim against the defendants arises out of a fire
occurring at Tamco’s newly renovated hog-production facility. On appeal, Tamco More...    $0 (07-22-2015 - IA)

A juvenile offender convicted of first-degree murder appeals his
resentencing to life in prison without the possibility of parole. In this
appeal, we determine the factors a court must use when it sentences a
juvenile offender for first-degree murder. Because the district court did
not have the benefit of this decision when it sentenced the juvenile, we
vacate the sentence and ... More...    $0 (06-26-2015 - IA)

A mother appeals from the juvenile court’s order terminating her parental rights to three of her children.1 We affirm.
I. Background Facts and Proceedings
This family came to the attention of the Iowa Department of Human Services (DHS) in January 2013, when the mother contacted DHS because she did not feel she could parent her children safely. The mother has six children: K.E., born in 2... More...    $0 (08-13-2014 - IA)

A mother appeals from the order terminating her parental rights. She contends the evidence failed to prove she abandoned the child or that termination is in the best interest of the child. We conclude the district court properly terminated the mother’s parental rights on the ground of abandonment under Iowa Code section 600A.8(3)(b) (2011). We conclude termination of the mother’s parental righ... More...    $0 (08-13-2014 - IA)

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...    $0 (07-11-2014 - IA)

Rick and Darlene Suiter appeal from the district court’s ruling entering summary judgment in favor of the City Council of the City of Princeton (“the City�) on their petition for writ of certiorari, in which the Suiters claimed certain action of the City was illegal. We affirm.

I. Background Facts and Proceedings

The Suiters own riverfront property in Princeton. Their property ... More...    $0 (02-05-2014 - IA)

Plaintiffs, Karen and Jude Rochford, sued G.K. Development, owner of the College Square Mall in Cedar Falls, over injuries Karen sustained when she fell on an icy sidewalk outside the mall. G.K. Development filed a motion for summary judgment, asserting it was entitled to await the end of the storm before it attempted to remove the ice from the sidewalk. The district court agreed and granted the s... More...    $0 (02-05-2014 - IA)

The mother and the fathers of two children appeal from the termination of their parental rights. Statutory grounds for termination of parental rights exist as to each parent and each child. Termination of parental rights will offer the children needed permanency, and no factor precludes the termination of each parent’s rights. We therefore affirm on each appeal.

I. Background Facts and ... More...    $0 (06-12-2013 - IA)

Johnnie Waslick appeals from a district court’s grant of a motion for directed verdict at the conclusion of his evidence seeking damages for entry of a divorce decree. He was alleging alternative theories of fraudulent misrepresentation, fraudulent nondisclosure, and willful wanton conduct justifying punitive damages. We affirm.

I. Background and Facts

In 2006, Gale Simpson filed f... More...    $0 (06-12-2013 - IA)

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to... More...    $0 (04-30-2013 - IA)

This certiorari proceeding requires us to address the agricultural exemption from county zoning. See Iowa Code § 335.2 (2011). The property owners who brought this action had a lengthy dispute with Linn County over whether houses they had built were subject to the county’s zoning and subdivision ordinances. We are asked to review two separate decisions by the Linn County Board of Adjustment—i... More...    $0 (03-29-2013 - IA)

This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the author’s words, the book is “based on my life.â€� It discusses Scott’s personal transformation, largely through his relationship with God, following his divorce “on bad termsâ€� from his first wife. Scott’s ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering ... More...    $0 (01-18-2013 - IA)

Justin Shekleton brought an action pursuant to 42 U.S.C. § 1983 against Ryan Eichenberger, individually and in his capacity as a Chickasaw County, Iowa Sheriff’s Department Deputy alleging Deputy Eichenberger violated Shekleton’s Fourth Amendment right to be free from excessive force by unnecessarily tasering Shekleton. Deputy Eichenberger appeals the district court’s1 denial of his motion ... More...    $0 (05-03-2012 - IA)

Connie Newlin, a servient estate holder, appeals a district court ruling that dismissed her petition seeking damages and to enjoin Donald and Ramona Callender (the Callenders), the dominant estate holders, from directing water in their pond onto Newlin‘s property. She further requests that we vacate the district court‘s injunction granted to the Callenders which prevents Newlin from blocking t... More...    $0 (11-09-2011 - IA)

This case requires that we consider the scope of Iowa’s savings statute that continues the deadline imposed by the statute of limitations for six months when “the plaintiff, for any cause except negligence in its prosecution, fails therein.â€� Iowa Code § 614.10 (2009). In this case, the plaintiff brought a personal injury action arising out of an automobile accident. The plaintiff voluntaril... More...    $0 (09-30-2011 - IA)

Elizabeth Von Linden, a successful business executive, took her own life three weeks after she was discharged as an inpatient from defendant Mercy Hospital’s psychiatric ward and six days after her outpatient office visit with Mercy’s psychiatrist. Her husband brought a wrongful death action against Mercy, alleging negligent care. Mercy raised defenses, including Von Linden’s comparative neg... More...    $0 (06-24-2011 - IA)

Matthew Preston alleges the City of Pleasant Hill, Iowa (Pleasant Hill) and Reylon Meeks (collectively, defendants) violated Preston’s procedural due process rights when he was relieved of his responsibilities to fight, inspect, and investigate fires for the Pleasant Hill Volunteer Fire Department (VFD). The district court1 granted defendants’ motion for summary judgment and dismissed Prestonâ... More...    $0 (06-22-2011 - IA)

Christine Eldred appeals the custody and visitation provisions of the parties‟ dissolution decree. Both parents are capable and willing to provide physical care. In light of Christine‟s sudden, month-long absence, we find no reason to disturb the court‟s award of physical care to Joseph. However, we modify the visitation provisions of the decree.

I. Background Facts and Proceedings.More...    $0 (12-22-2010 - IA)

A parent signed release forms waiving her minor child‟s personal injury claims as a condition of the child‟s participation in an educational field trip. This action was filed against the State after the child was injured during the trip. The district court granted the State‟s motion for summary judgment, concluding the releases signed by the parent resulted in an enforceable waiver of the ch... More...    $0 (11-08-2010 - IA)