Case law

William C. Mitchell, Ltd. v. Brown

576 N.W.2d 342 · Supreme Court of Iowa · Mar 25, 1998

Under chapter 166D, however, the onus is clearly on the owner of the animals to ensure the animals are tested properly before obtaining state certification. … Negligence Claim Brown contends that two of the three theories of negligence were improperly submitted for the jury’s consideration because of (1) a lack of duty established via either statute or common law to consult one

Jones County Trust & Savings Bank v. Kurt

192 Iowa 965 · Supreme Court of Iowa · Apr 7, 1921

No word in tbe writing indorsed upon tbe note negatives or qualifies such an idea. Tbe liabilities implied by indorsing a note can be qualified or restricted only by express terms. … The burden of proof was on the plaintiff to establish that it took the notes in good faith, before maturity, and without notice of these infirmities.

Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, and Q.H., Appellee, v. VALLEY VIEW SWINE, LLC and JBS Live Pork, LLC, Appellants.

914 N.W.2d 223 · Supreme Court of Iowa · Jun 22, 2018

In its ruling, the district court noted the statutory immunity established in section 657.11 “unduly burdens the plaintiffs by denying them access to a lawful remedy for their alleged injuries to the person and/or to property … Whether the statutory immunity established in section 657.11(2) is unconstitutional as applied to the plaintiffs is inherently fact-specific.

Brenneman v. Stuelke

654 N.W.2d 507 · Supreme Court of Iowa · Dec 18, 2002

Thus, these two allegations of breach of duty clearly fall within the immunity provided by section 123.49(1). … are immune from liability under section 123.49.

Smith v. CRST International Inc.

553 N.W.2d 890 · Supreme Court of Iowa · Sep 18, 1996

Our standards for reviewing a grant of a motion for summary judgment are well established: We will uphold a grant of summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment … Clearly, after Dean and other cases, the Maine decision has little substantive value remaining. IV. International’s and CRST’s liability for plaintiffs injuries.

Amended September 30, 2015 Iowa Insurance Institute, Iowa Defense Counsel Association, Iowa Self-insurers' Association, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and Iowa Association of Business and Industry v. Core Group of the Iowa Association for Justice Christopher J. Godfrey, Workers' Compensation Commissioner, Division of...

867 N.W.2d 58 · Supreme Court of Iowa · Jun 12, 2015

See, e.g., Wells Dairy, 690 N.W.2d at 43 (“Iowa Rule of Civil Procedure 1.503(3) creates a qualified privilege.... ”); Exotica Botanicals, Inc. v. … Missouri is the only state clearly to take a contrary approach.

Canade, Inc. v. Town of Blue Grass

195 N.W.2d 734 · Supreme Court of Iowa · Mar 16, 1972

Clearly, defendants' fire call here was not pursuant to any condition provided by the city. This case thus falls outside the immunity extended in the contemplated and usual circumstance. … Stripped of governmental immunity, defendants could *739 be found liable under well established tort principles: "One who undertakes, gratuitously or for consideration, to render services to another which he should recognize

Lori Randolph and Ronald Randolph v. Aidan, LLC

Supreme Court of Iowa · May 3, 2024

According to Aidan, though, the inspector was not qualified to conduct property inspections. And so, Aidan claimed, Sioux City was negligent in hiring, retaining, or supervising the (unqualified) inspector. … Downtown, Inc., 879 N.W.2d 155, 168 (Iowa 2016) (“Words or phrases that are undefined in the statute or for which there is no established legal meaning are given their common, ordinary meaning in the context within which

Lori Randolph and Ronald Randolph v. Aidan, LLC

Supreme Court of Iowa · May 3, 2024

According to Aidan, though, the inspector was not qualified to conduct property inspections. And so, Aidan claimed, Sioux City was negligent in hiring, retaining, or supervising the (unqualified) inspector. … Downtown, Inc., 879 N.W.2d 155, 168 (Iowa 2016) (“Words or phrases that are undefined in the statute or for which there is no established legal meaning are given their common, ordinary meaning in the context within which

Squealer Feeds v. Pickering

530 N.W.2d 678 · Supreme Court of Iowa · Apr 26, 1995

Rule 122(e) gives a qualified immunity from discovery to any documents or tangible things “prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative.” … However, he contends that he has made a sufficient showing to overcome this qualified privilege.

Pamela Sue Hook v. Tito Trevino, Individually, and Tito Trevino D/B/A Trevino Law Offices

839 N.W.2d 434 · Supreme Court of Iowa · Nov 8, 2013

The plaintiff must establish the agent’s negligence to recover against the principal under respondeat superior. … We noted this “outcome would clearly advance the goal of voluntary settlement of controversies favored by the law.” Id. at 798–99.

Des Moines City Railway Co. v. City of Des Moines

183 Iowa 1261 · Supreme Court of Iowa · Sep 30, 1916

The rule is, perhaps, nowhere more clearly stated than in State v. Brown, 27 N. J. L. 13. … even if we were to hold with appellee that this statute, Code Supplement Section 791-i, i's not applicable to street railways, we must then consider whether the company is, under the admitted circumstances, entitled to immunity

Bachman v. Iowa State Highway Commission

236 Iowa 778 · Supreme Court of Iowa · Oct 16, 1945

In the Hoover case just cited plaintiff sought to enjoin defendants from establishing a road through his orchard. … We have been unable to find any case, either of this court or elsewhere, in which it has been held that plaintiff, who clearly could not sue the state directly for a personal money judgment, may accomplish the same result

Windway Technologies, Inc. v. Midland Power Cooperative

696 N.W.2d 303 · Supreme Court of Iowa · Apr 1, 2005

Midland has further been immunized from any control by the IUB, which, if it had rate-making authority, would require net billing, as it does for its regulated utilities. … That would clearly be contrary to PURPA and the regulations promulgated under it.

State v. Moran

131 Iowa 645 · Supreme Court of Iowa · Oct 17, 1906

Later in the examination, the court, becoming satisfied that the alleged confession had been made under a promise of immunity, sustained the objection thereto, and struck it from the record. … Independent of the alleged confession, the proof of the defendant’s guilt was most clearly established, and we find nothing to justify us in saying that the jury may have disregarded its duty in the premises. State v.

State v. Dunn

199 N.W.2d 104 · Supreme Court of Iowa · Jun 29, 1972

Viewed most favorably to the State, this clearly sufficed to create a jury issue regarding both ownership and burning of the Ford automobile. II. … This was sufficient to establish the other proof required by Code § 782.7.

Harryman v. Hayles

257 N.W.2d 631 · Supreme Court of Iowa · Sep 21, 1977

At trial he has the burden of establishing that fact. III. … We see no reason for departing from any of these established rules.’ ” (Emphasis supplied.) 253 Iowa at 626 , 113 N.W.2d at 282 .

Neyens v. Roth

326 N.W.2d 294 · Supreme Court of Iowa · Nov 24, 1982

That statute provides: A person shall not attempt to establish or establish, maintain, or use a monopoly of trade or commerce in a relevant market for the purpose of excluding competition or controlling, fixing, or maintaining … The defendants argue that their regulation of ambulance service is “under authority of this state” and therefore qualifies for exemption under section 553.6(4).

Lloyd v. State

251 N.W.2d 551 · Supreme Court of Iowa · Mar 16, 1977

The discretionary function exception established by section 25A. 14(1) was not set out with reference to that statutory provision as a defense to plaintiffs’ claims for relief. … Section 246.17 clearly leaves to the director’s discretion the decision whether to commit a prisoner and where to have him committed.

John Goodpaster v. Schwan's Home Service, Inc. and Todd Swanson, Individually and in His Corporate Capacity

Supreme Court of Iowa · Jun 27, 2014

deficiency syndrome, a diagnosis of acquired immune deficiency syndrome-related complex, or any other condition related to acquired immune deficiency syndrome.” … Blindness, deafness, epilepsy, paralysis—these and other permanent impairments are clearly protected.