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Category Archives: Civil Litigation

Patterson Law Firm Attorneys Obtain Successful Dismissal of Putative Class Action Lawsuit

On September 12, 2016, Patterson Law Firm attorneys Jason Miller and Jeffrey Boehlert obtained dismissal of a putative class action lawsuit filed against the firm’s client in the U.S. District Court for the Southern District of Iowa.  The lawsuit asserted a claim under the Fair Debt Collection Practices Act (“FDCPA”).  The U.S. District Court accepted […]

Patterson Law Firm Attorney, Michael S. Jones, Wins Four Consecutive Defense Verdicts

On March 18, 2015, the District Court for Polk County granted the Defendant’s renewed motion for directed verdict in the case of Atzeni v. Quiktrip Corporation, LACL129272. The Plaintiff slipped and fell when exiting the Defendant’s men’s restroom. The Defendant, represented by Patterson Law Firm attorney Michael S. Jones, denied that the Defendant breached its […]

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 […]

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, […]

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 […]

Exceptional is Not So Uncommon: A Review of Duty of Care for Negligence Findings Post-Thompson v. Kaczinski

The Iowa Supreme Court stated in Thompson v. Kaczinski, 774 N.W.2d 829 (Iowa 2009) (hereinafter Thompson), that “the general duty of reasonable care [for negligence] will apply in most cases, and thus courts can rely directly on § 6 and need not refer to duty on a case-by-case basis.”  774 N.W.2d at 834-835 (citing Restatement […]

Supreme Court Defense Ruling

On February 1, 2013, the Iowa Supreme Court entered its opinion in the case of Boelman v. Grinnell Mutual Reinsurance Co. (No. 11-0570).  Boelman was a farmer whose operations included contract-feeding nursery hogs for others.  Boelman had obtained insurance which was reinsured by Grinnell Mutual.  Several of the hogs involved in the operation suffocated when […]

Johnson County Defense Verdict

On August 23, 2012, a jury returned a defense verdict in the case of Lynn Worrell v. Aristotle Pappajohn, LACV072470.  The Plaintiff’s foot was crushed by Defendant’s vehicle in the parking lot of Kinnick Stadium on the morning of a University of Iowa football game.  The Defendant, represented by Patterson Law Firm attorney Michael S. […]

Valuing Aches and Pains in Civil Lawsuits – Physical and Mental Pain and Suffering

How do you put a dollar amount on that alleged gnawing ache or lingering burning sensation someone has after being the victim of a defendant’s negligence?  Is a multiple of a plaintiff’s medical expenses, a per diem amount, or some other type calculation most appropriate? Iowa’s civil jury instructions recognize the unique character of noneconomic […]