Case law

Giere v. Aase Haugen Homes, Inc.

259 Iowa 1065 · Supreme Court of Iowa · Dec 13, 1966

It is a common experience of compensation and personal injury lawyers to find that the more distinguished a medical witness is, the more tentative and qualified are his statements on the witness stand.” 2 Larson’s Workmen … The commissioner clearly indicated that his view of the evidence justified the conclusion that the prior complaints indicated a preexistent hernia.

Diagonal State Bank v. Nichols

219 Iowa 342 · Supreme Court of Iowa · Feb 5, 1935

Nichols, the surviving wife of John Nichols, was named as executrix of the will and qualified and served as such until the approval of her final report on August 29, 1905. The will devised to the wife, Mary E. … Clearly, without any question, the estate that he was leaving, and with which his will dealt. It might be doubtful whether or not, if Mary E.

Cowles Communications, Inc. v. Board of Review of Polk County

266 N.W.2d 626 · Supreme Court of Iowa · May 17, 1978

The fact there was a written notice of appeal was established by Cowles’ reference to it and attachment of it to its petition. The fact the notice was served as an original notice was established by the record. … It also established the fact towers are built to be movable.

Estelle v. Iowa State Highway Commission

254 Iowa 1238 · Supreme Court of Iowa · Feb 12, 1963

In said ease our court outlined clearly and sharply the measure of damages, and it is apparently substantially the rule adopted and used by the trial court in the case at bar. … Since the restaurant business has been established by Mr.

State v. Bone

114 Iowa 537 · Supreme Court of Iowa · Oct 9, 1901

Defendant, in his objections, stated that he did not'concede notice was served as stated; but the court examined the notice, and in the light ■of objections and statement of defendant, found the witness qualified. *543 4 … Although there is no evidence that Bone heard the remark, the ruling was clearly correct. No argument- is needed to demonstrate that this statement was part of the res gestae.

Amended July 3, 2017 Estate of Mercedes Gottschalk by Coexecutors Richard Gottschalk and Rebecca Rassler v. Pomeroy Development, Inc. D/B/A Pomeroy Care Center v. State of Iowa, Third-Party On Review From

Supreme Court of Iowa · Apr 14, 2017

Whether the District Court Erred in Finding the State Immune from Liability Under Iowa Code Section 669.14. The State claims as an affirmative defense it is immune from liability under the Iowa Tort Claims Act. … This conclusion is clearly supported by the two very recent incidents of sexual behavior.

State v. Critelli

237 Iowa 1271 · Supreme Court of Iowa · Sep 17, 1946

to dispose of as they arise, so that it is uniformly held that whether a juror shall be excused is a matter resting within the sound discretion of the court, the exercise of which will not be interfered with unless it is clearly … Of course, appellant does not contend that conspiracy cannot be established by circumstantial evidence. As to proof, see 11 Am. Jur. 570 , section 38; 12 C. J. 633, section 226; 15 C. J.

Kostelac v. Feldman's, Inc.

497 N.W.2d 853 · Supreme Court of Iowa · Mar 24, 1993

Applying the new rule to the facts of this case convinced the district court that recovery of workers’ compensation was clearly established. I agree. … The record “as a whole” shows two qualified doctors who said the suicide injury to Williams was work related and one who could not say.

In Re AW

741 N.W.2d 793 · Supreme Court of Iowa · Nov 30, 2007

The federal ICWA clearly invokes the federal government's trust authority as its basis. 25 U.S.C. § 1901 (1), (2). … See, e.g., Seber, 318 U.S. 705 , 63 S.Ct. 920 , 87 L.Ed. 1094 (federally granted tax immunity); McClanahan v.

Hemker v. Drobney

253 Iowa 421 · Supreme Court of Iowa · Jan 9, 1962

Six doctors, all well qualified as medical experts, testified in response to hypothetical questions, and each expressed his opinion as to the cause of death and as to its connection, or lack thereof, with the duties decedent … Sufficient testimony has been set out to establish a conflict in the experts’ opinions submitted to the commissioner. It is not within our province to weigh it.

Estate of Mercedes Gottschalk by Coexecutors Richard Gottschalk and Rebecca Rassler v. Pomeroy Development, Inc. D/B/A Pomeroy Care Center v. State of Iowa, Third-Party on Review From the Iowa Court of Appeal

893 N.W.2d 579 · Supreme Court of Iowa · Apr 14, 2017

Whether the District Court Erred in Finding the State Immune from Liability Under Iowa Code Section 669.14. The State claims as an affirmative defense it is immune from liability under the Iowa Tort Claims Act. … This conclusion is clearly supported by the two very recent incidents of sexual behavior.

Kohlhaas v. Hog Slat, Inc.

777 N.W.2d 387 · Supreme Court of Iowa · Nov 24, 2009

Crane’s evaluation performed as part of the 2002 settlement qualifies as “an evaluation of permanent disability ... made by a physician retained by the employer.” Iowa Code § 85.39 . … In 2002, Kohlhaas entered into a settlement agreement establishing his disability.

Pierce v. Homesteaders Life Ass'n

223 Iowa 211 · Supreme Court of Iowa · Apr 6, 1937

Pyle had died on the 10th day of March, 1933, and that no administration was yet had upon her estate, and no one qualified to accept the refund. … It is not an exception, but a condition which must prevail before recovery can be had and, therefore, must be established under proper pleadings *216 and proof. Levinton v.

Ipsen v. Ruess

239 Iowa 1376 · Supreme Court of Iowa · Dec 14, 1948

The facts detailed by them, especially by Margaret Angerer, are inconclusive and may not clearly point to mental incapacity. … Edward Bryan was therefore not qualified to express an opinion as to testator’s' insanity in May 1942, and proponents’ objection to the testimony should have been sustained. YI.

In re the Location & Establishment of Drainage District No. 3

146 Iowa 564 · Supreme Court of Iowa · Dec 18, 1909

Dougan alone of the petitioners with other persons as sureties who properly qualified, it would unquestionably have been sufficient. … It was not necessary that the board should examine the report in connection with the adoption of the final resolution of establishment, and, if it were necessary that it do so, it would clearly be presumed that the report

Jensen v. Jensen

237 Iowa 1323 · Supreme Court of Iowa · Dec 17, 1946

to resume care of his child; Edith Holbrook is not a ‘ ‘ qualified person to continue to have the custody of the child as against the child’s natural parent.” … Three and a half years later, following remarriage and establishment of a home, the husband sought a modification of the decree under a statute much like ours.

AFSCME/Iowa Council 61 v. Iowa Department of Public Safety

434 N.W.2d 401 · Supreme Court of Iowa · Dec 21, 1988

We believe this fact is sufficient to qualify the lab reports as “investigative reports.” … Thus, Gott’s estate could obtain copies of the lab reports if it could establish a right to those copies under section 810.15.

Culbertson v. Anderson

251 Iowa 265 · Supreme Court of Iowa · Jan 12, 1960

The evidence was clearly for the jury as to whether the truck was the same. … While the burden was always upon the plaintiff to establish his case and to offer proof of at least some of his allegations of negligence, it is noteworthy and a proper matter for the jury’s consideration that no evidence

Barks v. Kleyne

198 Iowa 793 · Supreme Court of Iowa · Oct 24, 1924

Barks, the duly elected, qualified, and acting trustee in the matter of Huibrecht G. Kleyne, bankrupt, against L. … Kleyne was insolvent, and it is further conceded that the plaintiff established the insolvency of the bankrupt at the time of the execution of the *795 deed in question.

State v. Swanson

228 N.W.2d 101 · Supreme Court of Iowa · Apr 16, 1975

Clearly, the testimony of Officers McEl-roy and Boettcher was hearsay. … The record establishes those admissions were voluntarily made after defendant had knowingly and intelligently waived his constitutional rights. IV.