Patterson Law Firm Supports the First Tee of Greater Des Moines and Skywalk Golf Classic

Patterson Law Firm is proud to be a supporter of the First Tee of Greater Des Moines by being a sponsor of the Skywalk Golf Classic.  The law themed #9 hole was enjoyed by the many participants on 2/15/14.

Iowa Court of Appeals Defense Ruling

The Iowa Court of Appeals recently affirmed a summary judgment granted to Patterson Law Firm client Mid-Century Insurance Company in a declaratory judgment action seeking a determination no insurance coverage existed under an “all risk” policy for a loss caused by sand boils.   See MGM Apartments, LLC v. Mid-Century Ins. Co., Case No. 03-1022 (Iowa […]

Work Comp Defendants Need to Appeal to Courts to Get Proper Temporary Benefit Overpayment Credits

Since the Iowa Supreme Court ruling in Swiss Colony v. Deutmeyer, 789 N.W.2d 129 (Iowa 2010), claimant attorneys began to argue that the expansive language in the Deutmeyer ruling applied not only to permanency benefit overpayments (historically governed by Iowa Code 85.34(5)) but also to temporary benefit overpayments (historically governed by Iowa Code 85.34(4)). (see […]

Polk County Defense Verdict

On October 2, 2013, in the case of Dorothy Welsch v. Kimberly Reisner, a Polk County jury returned a verdict favoring the defendant.  The case involved a rear-end collision that was admittedly the fault of the Defendant.  The Plaintiff sought over $30,000 in damages for an alleged permanent neck injury.  The Defendant, who was represented […]

Violating OSHA Regulations Does Not Equate to Gross Negligence

Recently, in Anderson v. Bushong, 829 N.W.2d 191 (Table), 2013 WL 530961 (Iowa Ct. App., Feb. 13, 2013)(hereinafter Anderson), the Iowa Court of Appeals clarified the standard of gross negligence; and in so doing, held liability did not extend to the co-employees even when certain employer-practices violated both Occupational Safety & Health Administration (OSHA) regulations, […]

Iowa Child Support Guidelines Update

On July 1, 2013, changes to Iowa’s Child Support Guidelines went into effect.  Pursuant to the federal Family Support Act of 1988 and Iowa Code section 598.21B, these guidelines are subject for review every four years.  After establishing a committee known as the 2012 Child Support Guidelines Review Committee (“Committee”), the Iowa Supreme Court then […]

Survey of Recent Work Comp Decisisons – Back Injuries, No Surgery, but Loss of Job

Nelson v. Fitzpatrick Auto Center, Inc.; File Number 5039313 (3/20/2013): 50 yr. old with GED and post-secondary training at the Job Corps in Nebraska; prior work experience includes farm work, Army (infantry) experience with an honorable discharge, as well as work at a seed company, feed lot, night auditor at a hotel, retail store(s), landscaping, […]

Survey of Recent Work Comp Decisisons – Back Injuries with Surgery and Loss of Job

Sturgeon v. Construction Materials Testing; File Number 5039298 (5/14/2013): 56 yr. old high school graduate with additional work certifications in construction; prior work experience includes welding production, testing services attendant; waterproofing steam tunnels, and engineering technician for Defendant; Claimant was originally injured on August 5, 2008, in which he twisted himself, thereby resulting in a […]

Failure to Wear Seat Belts: Proposed Legislation and the 5% Cap on Comparative Fault in Iowa

In a cause of action brought to recover damages arising out of the ownership or operation of a motor vehicle, the failure to wear a seatbelt or safety harness by the plaintiff will not be considered evidence of comparative fault per Iowa Code § 668.3(1).  See Iowa Code § 321.445 (4)(b) (2013).  This evidence may […]

Changing Trends in Alimony and the Impact on Iowa Law (Part 2)

In Iowa, there are three types of spousal support that the court can award: traditional support, rehabilitative support, or reimbursement support. Traditional support is long-term, sometimes permanent, and is meant to support an ex-spouse for as long as they are dependent or incapable of self-support. In re Marriage of Schenkelberg, 824 N.W.2d 481, 487 (Iowa […]