Iowa Intentional Tort Law
 

Clay Blanchard v. City of Des Moines


Des Moines, Iowa personal injury lawyer represented the Plaintiff who sued on a governmental tort claims act theory.


Blanchard alleged that the City negligently "created a hazard at the intersection of Fleur Drive (Fleur) and Southlawn Drive (Southlawn) by planting or allowing to grow, oversize vegetation in boxes and in the median between the lanes." He alleged the City the... More...
   $0 (12-04-2024 - IA)

In the Iinterest of K.R., a Minor Child, A.T., Mother


Davenport, Iowa termination of parental rights family law lawyer represented the Defendant.




The juvenile court terminated the mother's parental rights to K.R., born in 2014, pursuant to Iowa Code section 232.116(1)(d), (e), (f), and (i) (2024).[1] The mother appeals, challenging the statutory grounds for termination and whether the loss of her rights is in K.R.'s b... More...
   $0 (08-21-2024 - IA)

Deborah S. Graves v. United States of America

Cedar Rapids, Iowa personal injury lawyer represented the Plaintiff who sued on a Federal Tort Claims Act negligence theory.

Under the FTCA, the federal government acts as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties.

... More...
   $0 (03-11-2024 - IA)

Jerry Probasco, et al. v. MFA, Inc.

Des Moines, Iowa civil litigation lawyers represented the Plaintiffs who sued the Defendant on a breach of contract theory.

"Iowa breach of contract law is governed by the Iowa Uniform Commercial Code and the common law of contracts.

To prove a breach of contract in Iowa, the non-breaching party must show the following four elements:

Existence of a valid contract. Th... More...
   $0 (10-27-2023 - IA)

Troy Garber v. United States of America

Des Moines, Iowa personal injury lawyer represented Plaintiff who sued Defendant on a Federal Tort Claims Act negligence theory.

"The Federal Tort Claims Act (FTCA) is a law that allows individuals to sue the federal government for torts committed by federal employees. A tort is a civil wrong that results in injury to another person. The FTCA waives the government's sovereign immunity, wh... More...
   $1 (08-07-2023 - IA)

Donald Clark v. State of Iowa


A criminal defendant who successfully overturns his conviction based on ineffective assistance of counsel may bring a legal malpractice action against his former attorney. Can he then use that successful action to stop his former attorney from claiming he did not breach any duties in the subsequent malpractice action? That question turns on application of the doctrine of issue preclusion, whi... More...
   $0 (02-26-2021 - IA)

United States of America v. Robert James Smith

Cedar Rapids, Iowa criminal defense lawyer represented Defendant charged with depriving another person of his or her civil rights.





Federal Courthouse - Cedar Rapids, Iowa


Federal Courthouse - Cedar Rapids, Iowa


More...    $0 (03-17-2023 - IA)

Marcelino Alvarez Victoriano v. City of Waterloo, Inc., et al.

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)

John Doe v. Gregory Scott Stephen and Barnstormers Basketball, Inc., d/b/a Barnstormers Basketball of Iowa

Davenport, Iowa personal injury lawyer represented Plaintiff, who sued Defendants on a class action negligence and intentional tort theories claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of acts, errors and/or omissions on the part of the Defendants.




More...    $0 (12-12-2022 - IA)

Adrian Trucking, Inc. v. Navistar, Inc. and Centre States International Trucks, Inc.

Cedar Rapids, Iowa personal injury lawyer represented Plaintiff, who sued Defendants on breach of contract and product liability theories.


Adrian commenced this action by filing a petition at law and jury demand in the Iowa District Court for Linn County in December 2015. Doc. 4. At the time, the lawsuit named several other parties as plaintiffs and defendants. Id. Navistar and Centr... More...
   $0 (07-01-2022 - IA)

Isaac RJ Bartz v. United States of America

Cedar Rapids, IA: Personal injury premises liablity lawyer represented Plaintiff, who sued Defendant on a Federal Tort Claims Act negligence theory claiming to have been injured and/or damaged in an accident in a post office.... More...    $1 (08-11-2021 - IA)

Shannon Duncan v. Ford Motor Credit

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Duncan v. Ford Motor Credit, Repossessors, Inc., 919 N.W.2d 768(Table) (Iowa App. 2018)
format_size

919 N.W.2d 768 (Table)

Shannon DUNCAN, Plaintiff-Appellant,
v.
FORD MOTOR CREDIT, REPOSSESSORS, INC. and Bruce Shores, Defendants-Appellees.

No. 17-1122

Court of Appeals of Iowa.

Filed June 20, 2018

Dennis G. Larson of Larson ... More...
   $0 (06-20-2018 - IA)

Brian Kleckner and Juanita Kleckner v. United States of America


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East Dubuque, IA - Brian Kleckner and Juanita Kleckner the United States of Am... More...
   $0 (07-29-2019 - IA)

United States of America v. Darius Devon Nickelous




Darius D. Nickelous was convicted of unlawfully possessing a firearm in
violation of 18 U.S.C. §§ 922(g)(1), 922(g)(3), 922(g)(9), and 924(a)(2). The district
court sentenced him to 120 months’ imprisonment. 1 He appeals his conviction.
Hav... More...
   $0 (02-27-2019 - IA)

Friedrich Trust v. United States of America



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Des Moines, IA - Friedrich... More...
   $1 (11-28-2018 - IA)

State of Iowa v. Terrion Javari Maxfield





Terrion Maxfield appeals the judgment and sentences imposed upon him
following an Alford plea1 ... More...
   $0 (11-06-2018 - IA)

Joshua David Mitchell v. State of Iowa






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Completely Free Marketing ... More...    $0 (10-22-2018 - IA)

Rigoberto Quiles v. Alan Martin Johnson




Rigoberto Quiles was severely injured when Alan Johnson fell asleep at the
wheel and drove his tractor-trailer off I-80 in Adair County, Iowa. At the time of the
accident, Quiles was a new employee of Swift Transportation Company of Arizona
(“Swift”), an intersta... More...
   $0 (10-18-2018 - IA)

Max Thorndike v. State of Iowa

Second-degree sexual abuse and lascivious acts with a child

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In 2013, Thorndike was convicted of second-degree sexual abuse and
lascivious acts with a child, and we affirmed his conviction. See State v. Thorndike,
860 N.W.2d 316 (Iowa 2015). Thorndike filed a pro se application for PCR on May
18, 2015, which counsel later recast.1 In his third amended application, Thorndike
claimed ineffective assistance based on trial counsel’s failu... More...
   $0 (09-15-2018 - IA)

State of Iowa v. Oscar Marco Gipson

In January 2017, Gipson and his girlfriend, Tara Nguyen, were arguing “more often than usual.” Nguyen went to stay with her mother for a few weeks. Around the same time, Nguyen let an old friend borrow her Buick. When Gipson saw the friend driving, Gipson took the Buick from him. On January 21, the friction between Nguyen and Gipson escalated when they encountered each other at the Beave... More...    $0 (08-04-2018 - IA)

State of Iowa v. Ryan Lee Stockbauer

In the early morning hours of August 3, 2016, Des Moines police investigated the crash of a pickup truck into a tree at a T intersection. When Officer Lucas Kramer arrived, he saw Ryan Stockbauer crawling out of the driver-side window. Two other passengers suffered injuries requiring attention at the hospital. Officer Kramer testified the heavy front-end damage to the truck was “consistent ... More...    $0 (08-04-2018 - IA)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

STATE OF IOWA vs. DAKOTA M. POLAND

The events giving rise to Poland’s convictions occurred on March 10, 2016,
at the home where Poland lived with his parents and three younger sisters.
Poland, then twenty years old, was dating L.R., who was sixteen years old. L.R.
had been staying at the home for approximately one week but decided to leave
because Poland was drinking vodka. L.R. did not like being around Pola... More...
   $0 (07-08-2018 - IA)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

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)

STATE OF IOWA vs. ABRAHAM K. WATKINS

Iowa prosecutor ousted from office over harassment findings

In May 2013, Abraham Watkins was sworn into the Iowa bar and subsequently opened a solo practice in Keosauqua, Iowa. Watkins operated his law practice out of an office located on the first floor or main level of the two-story home he shared with his family. Watkins and his family mostly lived upstairs. However, the home’s kitchen, laundry room, and one of the two bathrooms are located on the ma... More...    $0 (07-04-2018 - IA)

STATE OF IOWA vs. BION BLAKE INGRAM

SUPREME COURT OF IOWA

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
3
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)

SHANNON DUNCAN vs. FORD MOTOR CREDIT, REPOSSESSORS, INC. and BRUCE SHORES

On March 5, 2008, Duncan purchased a 2008 Ford Edge from Decorah
Auto Center, Inc., with financing through Ford Motor Credit (FMC). She made
payments from April 19, 2008, until August 19, 2010. Duncan received notice she
owed $1871.94, due by November 19, 2010. Duncan stated she paid this amount
in a timely fashion, but on November 19, 2010, Bruce Shores of Repossessors, More...
   $0 (06-26-2018 - IA)

Tracey K. Kuehl v. Pamela Sllner

Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U... More...
   $0 (04-18-2018 - IA)

STATE OF IOWA vs. CHRIS AARON FRAKES

On November 6, 2015, law enforcement officers executed a search warrant
at Frakes’s home. Officers based the warrant application on an anonymous tip
received three months earlier and on the reports from a named informant familiar
with Frakes’s drug distribution.
While searching Frakes’s home, officers discovered plastic baggies, scales,
drug paraphernalia, a small quan... More...
   $0 (04-01-2018 - IA)

Cheri Dahlin v. Lyondell Chemical Company

Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Cheri Dahlin sued Lyondell Chemical Company, Equistar Chemicals, LP, and
Equistar GP, LLC (collectively “Lyondell”). A jury returned a verdict for Dahlin.
Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.

I.

Between 1990 and 1995, Dean B. Dahlin worked for two companies as a
commercial truck driver. For both, he loaded his truck with benzene-... More...
   $0 (01-28-2018 - IA)

STATE OF IOWA vs. DARRYL B. SHEARS

Iowa Court of Appeals

In this appeal of a restitution order, we are asked to resolve whether it is
foreseeable that police officers would end a high-speed chase of the van driven by
Darryl Shears by hitting his van with their police vehicles. Because we find such
actions foreseeable, we affirm the restitution order.
On February 11, 2016, the City of Davenport filed a restitution claim for More...
   $0 (12-06-2017 - IA)

STATE OF IOWA v. FREDDY DOUGLAS CRISP

Iowa man found guilty of murdering Devils Lake man

Freddy Crisp shot his friend Dale Potter after a day and night of drinking. A
jury found him guilty of first-degree murder. On appeal, Crisp challenges (1) the
sufficiency of the evidence supporting the jury’s finding of guilt, (2) his trial
attorney’s failure to object to an inference-of-malice jury instruction, and (3) the
district court’s denial of his motions for new tria... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. ALEXANDER MATTHEW KOZAK

Alexander Kozak transferred to new maximum security prison

Kozak frames the first issue as follows: “The State denied [him] due process
when, in violation of a sustained motion in limine, it invaded the jury’s province and
questioned a witness regarding [his] ability to plan, deliberate, and premeditate.”
The procedural history informing this issue is as follows.
Before trial, Kozak notified the court of his intent to rely on a dimi... More...
   $0 (12-06-2017 - IA)

Linda Linn and Mark Shuck v. Pat Montgomery, Chisty Schrader and Brad Allen

Iowa Supreme Court

In this appeal, a plaintiff asks our court to decide if the district
court properly granted summary judgment and partial summary
judgment on his defamation claim based on the running of the statute of
limitations. Additionally, we must determine if the court properly
granted summary judgment on the plaintiff’s malicious prosecution claim
on the ground the defendants merely furn... More...
   $0 (10-27-2017 - IA)

Joanne Cote v. Derby Insurance Agency, Inc. and Kevin Dorn

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)

STATE OF IOWA vs. JUSTIN JAMES ZOBEL

Warrant issued in mall robbery

Zobel’s convictions for third-degree burglary and possession of marijuana
were entered pursuant to a written Alford plea. The underlying facts of those
convictions are not relevant to the appeal. Zobel’s domestic-abuse-assault
causing-bodily-injury and domestic-abuse-assault convictions arose from a
dispute between Zobel and Katie Barnish in the early morning hours of July 4, ... More...
   $0 (07-24-2017 - IA)

VICTOR RIVERA vs. STATE OF IOWA

Rivera sentenced for November 2014 motorcycle accident

Victor Rivera, while driving under the influence of alcohol, caused a traffic
accident that killed a motorcyclist and seriously injured the motorcyclist’s
passenger. Rivera fled the scene in his vehicle and led officers on a short chase
before he was apprehended. Rivera pleaded guilty to unintentionally causing the
death of another by operating a motor vehicle while intoxicat... More...
   $0 (06-17-2017 - IA)

STATE OF IOWA vs. CHARLES EMANUEL HALL

Bedford man sentenced to life without parole for murdering daughter

In July 2015, Hall was charged by trial information with murder in the first
degree and child endangerment resulting in serious injury. His three-year-old
daughter, J.K., was the alleged victim in each instance.
The charges were tried to a jury in January 2016.
The State’s first witness was Hall’s live-in girlfriend, April Clair. Clair
testified J.K. had been staying... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. MARCEL ROSE

Iowa Court of Appeals

Marcel Rose and Amanda Guzzle resided together and were involved in a
romantic relationship. Rose and Guzzle knew a mutual acquaintance, Sarah
Medina. On July 6, 2015, Rose and Guzzle were alone at Medina’s residence in
the living room when they began to argue. The argument then turned physical,
and according to Guzzle’s testimony, she ended up on the couch with Rose on
... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. JOHN DAVID GREEN

2 words lead to mistrial in case where remains of man's friend were found buried in basement

Mark Koster lived in a one-bedroom house in Sac City. In 2009, he seemingly disappeared from the area without notice. Police were alerted after mail began to accumulate in the mailbox at his house and he stopped paying his utility bills. Police found a handwritten note attached to the back door of Koster’s house. The note indicated he had gone to Florida for the winter and would return in the ... More...    $0 (06-14-2017 - IA)

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