Trial
Date | Venue | Case
Type | Case
Number | Case
Name | Plaintiff's
Attorney | Defendant's
Attorney | Judge | Plaintif
for
Defendant | Verdict
Amount | Verdict | Statement of Case |
|---|
| 07/22/2025 | Linn County | Medical Malpractice | LACV095014 | Katherine J. Pennetta v. OB GYN Associates, P.C. & Dr. Owen McCarron | James Cook and Erich Priebe | Patricia Hoffman-Simanek, Ross Andrews, and Graham Carl | Valerie L. Clay | Defendant | | For defendant | This is a medical malpractice case. Plaintiff Katherine Pennetta has sued Dr. Owen McCarron and his employer OB-GYN Associates. Plaintiff alleges Dr. McCarron was negligent in his care and treatment of the Plaintiff. Defendant denies he was negligent. |
| 07/22/2025 | Polk County | Personal Injury,Car Collision. | LACL153739 | LARRY H COPE VS MIKAYLA A SHARP ET AL | James Thomas Munro, Kenneth Robert Munro | Danielle Elizabeth Holmes, Lisa Renee Perdue | Patrick Smith | Plaintiff | 5000 | A. Was Defendant Mikayla Sharp at fault? Yes.
B. Was the fault of Defendant Mikayla Sharp a cause of damage to Plaintiff Larry Cope? Yes.
C. Was Plaintiff Larry Cope at fault? No. | This case arises out of an automobile accident on February 23, 2021 in Ankeny, Polk County, Iowa. Plaintiff Larry Cope alleges the accident was the fault of Defendant Mikayla Sharp, and that it caused injuries and damages to Plaintiff. Defendant Todd Sharp owned the vehicle Mikayla Sharp was driving at the time of the accident.
Defendants deny Mikayla Sharp was at fault for the accident. Defendants contend Plaintiff was at fault. Defendants also dispute the cause, nature, and extent of Plaintiffs injuries, and the amount of damage |
| 07/14/2025 | Jackson County | Interference of Right to Possess & Access Property,Breach of Contract,Damage to Crops & Unpaid Utility Costs | LACV029023 | Thoma et. al. v. Thoma et. al. | Peter & Patrick Riley | Darin Harmon & Jeremy Gallagher | Honorable Mark Lawson | Plaintiff,Defendant | 1800 | Plaintiffs & Defendants
TOTAL DAMAGES: Plaintiffs: $640 damaged hay. $2,700 hay bale wrap. $2,250 loss of use of crop ground. $500 damaged property (chicken coop, steel porch swing & hay feeder).
Defendants: $900 unpaid utility costs. | Plaintiffs made various claims against the defendants. The claims included 1.) That the defendants interfered with the Plaintiffs’ right of possession of property. 2.) Defendants prevented the Plaintiffs from accessing personal property. 3.) Defendants damaged the Plaintiffs’ crops. 4.) Defendants breached various contracts. Defendants counterclaimed against the Plaintiffs claiming the Plaintiffs incurred unpaid utility costs after they were required to vacate the premises. |
| 07/10/2025 | Polk County | Fraudulent Misrepresentation - Real Estate | LACL156356 | BRETT & JESSICA SNYDER vs TAMARA KRACHT, Re/Max, LC, REAL ESTATE CONCEPTS, LC d/b/a RE/MAX CONCEPTS, BRIAN CAMPBELL | Louis R. Hockenberg, J. Michael Boomershine | Larry J. Handley, William B. Serangeli, Jospeh M. Borg, Elissa Holman | Patrick Smith | Plaintiff | 10000 | For Plaintiff
$10,000 | Plaintiffs Brent Snyder and Jessica Snyder allege they were damaged by the Defendants Brian Campbell and Tamara Kracht, individually and as an employee of RE/MAX, LC, because the Defendants fraudulently failed to disclose material facts about real estate Plaintiffs purchased from Defendant Campbell in Polk County, Iowa. Defendants Kracht, who was an agent of Defendant RE/MAX, was Defendant Campbell's real estate agent in the transaction. Defendants deny all the Plaintiffs claims, and deny Plaintiffs were damaged as they allege. |
| 06/19/2025 | Black Hawk County | Contract/Commercial - Other - Breach of Contract and Unjust Enrichment; Counterclaim for Breach of Contract | LACV151168 | DIRTY WORK LAWN CARE & PROP MAINT VS FRANKLIN BELL ET AL | THOMAS C VERHULST | PATRICK CLAIR GALLES; LINDSAY NICHOLE SCHMITZ STANLEY | David F. Staudt | | | Neither party prevailed; the jury found no liability or damages for either side | Plaintiff alleged it had a contract with Defendants to remodel and reconstruct their fire-damaged home in exchange for payment. Plaintiff claimed breach of contract and unjust enrichment due to unpaid services and expenses. Defendants denied the existence of a contract and counterclaimed that Plaintiff breached the agreement, causing them damages. The jury found no liability on either side, resulting in no damages awarded. |
| 06/13/2025 | Delaware County | Contract/Commercial | EQCV009164 | Diane R. Sands v. Krogmann Construction, Inc. and Al Krogmann | A. Huinker (until withdrawal); Edward F. Henry Theodore | William Henry Roemerman | Honorable Monica Ackley | Plaintiff | 24773.76 | Damages: $32,297.24 to Plaintiff.
Damages: $57,071.00 to Counter-Claim Plaintiff.
TOTAL DAMAGES: $24,773.76 to Counter-Claim Plaintiff | Plaintiff Diane Sands and Defendants Krogmann Construction, Inc. and Al Krogmann entered into a construction contract in the spring of 2021 wherein the Defendants were to build a house for Sands. Sands claims that Defendants breached the contract by failing to exercise reasonable care in the construction of the house, by failing to provide all materials and labor required under the contract, and by failing to conform to the implied warranty of workmanlike construction. Defendants filed a counterclaim against Sands asserting that she has failed to pay the full amount due under the terms of the contract. Sands admits that she has not paid the full balance and denies that it is due. |
| 06/13/2025 | Cerro Gordo County | Personal Injury - Medical/Dental Malpractice | LACV073309 | Susan Benson v. Edward Henrich, DPM | Mark A. Schultheis, Patrick B. White | Frederick T. Harris, Diana Vazquez Ayala | Christopher Foy | Defendant | | For Defendant. | Plaintiffs, Susan Benson, claims that Defendant, Edward S. Henrich, D.P.M., was negligent in the medical care he provided her. Ms. Benson also claims that Dr. Henrich failed to communicate to her sufficient information for her to give informed consent to surgery. Ms. Benson claims that the actions of Dr. Henrich have caused her injuries and damages. Dr. Henrich denies that he was negligent in the medical care he provided Ms. Benson. Dr. Henrich denies that he failed to provide Plaintiff with sufficient information for her to give informed consent to surgery. Dr. Henrich also denies that his actions caused any of the injuries or damages claimed by Ms. Benson. Dr. Henrich claims that some part, if not all, of the injuries or damages suffered by Ms. Benson were caused by the actions of Jean and Darren McGann. |
| 06/06/2025 | Linn County | Contract – Debt Collection | LACV104987 | Stoneking Enterprises, Inc. v. Amy Podzimek | Samuel Gray and Robert Hatala | James Moriarty | Kevin McKeever | Plaintiff | 10576 | For plaintiff:
$10,576.00 | In this case, Plaintiff Stoneking Enterprises, Inc. claims that it and Defendant Amy Podzimek entered into an enforceable agreement and that Defendant breached the agreement by failing to make payments due under the agreement. The Defendant admits the parties entered into an enforceable agreement but claims that she is not obligated to pay Stoneking and has not breached the agreement. The issues in this case revolve around whether Stoneking Enterprises, Inc. is entitled to payment from Defendant Amy Podzimek and/or whether Defendant Amy Podzimek is excused from paying Stoneking. |
| 06/04/2025 | Palo Alto County | Contract - Debt Collection | LACV027331 | FARM BUREAU PROPERTY & CASUALTY INSURANCE V. SIKORA | KEVIN V ABBOTT, NATHAN VERNON SWOYER | DOUGLAS ALLAN HAAG, ANDREW JAMES WORKMAN | ADAM M MILLER | Defendant | | For defendant | Plaintiff Farm Bureau Property & Casualty Insurance, as subrogee of Larry Porath, filed a petition against Defendant Mark Sikora for damages arising from an automobile accident which occurred on or around October 8, 2021, in Palo Alto County, Iowa, with a calf owned by the defendant. The jury returned a unanimous verdict in favor of the defendant and against the plaintiff. |
| 06/04/2025 | Emmet County | Personal Injury,Car Collision | LACV022687 | COOK, KELLY VS LAIR, JOEL RYAN, ET AL | Steven Dennis Hamilton | Matthew Shea Hefflefinger, Mitchell P. Hedrick | Charles Borth | Plaintiff | 230331.23 | For Plaintiff
A. There was no jury finding regarding liability. Defendants did not contest liability.
Damages: Past loss of time from business and loss of earnings, past medical expenses, past loss of function of the body, past pain and suffering, future pain and suffering, future loss of function of the body.
TOTAL DAMAGES: $ 230,331.23 | This case arises out of a motor vehicle accident on May 31, 2022, involving the plaintiff Kelly Cook and the defendant Joel Lair. The plaintiff claims that defendants' negligence caused the accident. The plaintiff claims that the defendants' conduct caused him to be injured and suffer damages.
The defendants both admit liability. The defendants further admit that the accident caused certain injuries to the plaintiff. The defendants, however, deny that the plaintiff suffered damages to the nature, extent, or duration claimed by the plaintiff. |
| 06/03/2025 | Des Moines County | Civil - Other Action RACIAL DISCRIMINATION & RETALIATION OF CITY’S HOUSING CODE. | CVEQ015020 | DESTINY & ANGEL HARRIS V. CITY OF BURLINGTON, MIDTOWN GARDENS, 61 INVESTMENTS, LLC. | Dan Feltes & Melanie Huettman | Brandon Lobberecht – City of Burlington. Kyler Massner – Midtown Gardens & 61 Investments, LLC. | HONORABLE JOHN M. WRIGHT | Defendant | 9740 | | The plaintiffs alleged that the City of Burlington discriminated against them based on their race through discretionary enforcement of the City’s housing code and by unlawful retaliation, both of which were in violation of the federal Fair Housing Act. The City denied the allegations. The Plaintiffs alleged Defendant 61 Investments, LLC and Midtown Gardens discriminated against them based on their familial status in violation of the federal Fair Housing Act. These Defendants denied those allegations. |
| 05/30/2025 | Black Hawk County | Personal Injury - Medical/Dental Malpractice | LACV142253 | Thomas Barrett v. Robert Pranger MD and Fiat Family Medicine, PLLC | Eashaan Vajpeyi, Max E. Kirk, and H. Daniel Holm, Jr. | | Andrea Dryer | Defendant | | For defendant | In this case, Plaintiff Thomas Barrett claims that Defendants Robert Pranger, M.D. and Fiat Family Medicine, PLLC were negligent in the treatment which they provided to Plaintiff and this negligence caused damages to Plaintiff. Plaintiff seeks compensation for damages that he claims were caused by Defendants’ negligence.
Defendants deny that they were negligent. Defendants deny that their actions were a cause of any damage to Plaintiff. Defendants further deny that the amount of damages sought should be provided to Plaintiff as compensation.
The parties stipulate and agree that for the purpose of deciding these issues, Defendants Robert Pranger, M.D. and Fiat Family Medicine, PLLC should be treated as a single party. |
| 05/29/2025 | Dubuque County | Personal Injury - Other Negligence - Lead Poisoning; Consumer Fraud; Breach of Contract (Implied Warranty of Habitability); Landlord/Tenant; Fraudulent Misrepresentation | LACV114484 | Taylor Whitacre et al. v. McDermott Enterprises, LLC and Uriah Miller | Matthew Preston; Cara Roberts | Phil Jensen, Chris Raker (Defendant McDermott Enterprises); Ed Henry, Anna Wolle (Defendant Miller | Monica Zrinyi Ackley | Plaintiff | 1695193 | For Plaintiffs on Plaintiffs’ Claims of Negligence, Consumer Fraud, Implied Warranty of Habitability/Landlord Tenant
For Defendant Miller on Defendant McDermott Enterprises’ Claim of Negligence and Fraudulent Misrepresentation
Negligence Damages (Against Defendants McDermott Enterprises, Miller)
Future Medical Expenses: $617,729
Loss of Future Earning Capacity: $837,464
Loss of Full Mind and Body – Past: $50,000
Loss of Full Mind and Body – Future: $50,000
Physical and Mental Pain and Suffering – Past: 50,000
Physical and Mental Pain and Suffering – Future: 50,000
Loss of Companionship – Past: $20,000
Loss of Companionship – Future: $20,000
TOTAL NEGLIGENCE DAMAGES: $1,695,193
Comparative Fault: ☒Plaintiffs 27%; Defendant McDermott Enterprises 63%; Defendant Miller 10%
Habitability / Landlord Tenant Damages (Against Defendant McDermott Enterprises)
TOTAL HABITABLILITY DAMAGES: $5,500
Consumer Fraud Damages (Against Defendant McDermott Enterprises)
Future Medical Expenses: $617,729
Loss of Future Earning Capacity: $837,464
Other Damages: $67,876
Statutory damages: $5,000
TOTAL CONSUMER FRAUD DAMAGES: $1,528,069
Punitive Damages
Punitive Damages – Defendant McDermott Enterprises: $50,000
Punitive Damages – Defendant Miller: $20,00.00
TOTAL PUNITIVE DAMAGES: $70,000 | This action involves lead poisoning of I.L. The Plaintiffs allege McDermott Enterprises, LLC (“McDermott”) as owner and landlord had a duty to inform them of the presence and/or risk of lead-based paint hazards in the residence they leased from it commencing in 2018. They claim McDermott as owner and landlord had a duty to maintain the property in a habitable and safe condition. They assert McDermott’s failure to maintain the property resulted in a diagnosis of lead poisoning that has caused permanent physical and cognitive injury to I.L.. Plaintiffs further allege that McDermott engaged in consumer fraud under Iowa law. Plaintiffs allege Uriah Miller (“Miller”), as the former owner and seller of the property to McDermott, failed to properly disclose the presence of lead-based paint and/or on-going monitoring obligations.
McDermott denies that its conduct was the cause of any of Plaintiffs’ injuries. McDermott asserts that Lead-Based Pamphlet was provided at the time of the review of the property. It also asserts conduct of the plaintiffs contributed to, resulted in or caused Plaintiffs’ injury.
McDermott alleges Miller has responsibility for Plaintiffs’ injuries as the former owner and seller of the property. McDermott asserts Miller fraudulently misrepresented the condition of the property or negligently failed to disclose the condition of the property at the time of the sale to McDermott Enterprises.
Miller denies Plaintiffs’ and McDermott’s claims against him. He further asserts the claims raised by McDermott are time barred by the statute of limitations. |
| 05/27/2025 | Linn County | Civil | LACV103049 | Ann Martin vs. Michelle Haparanta, St. Croix Hospice, LLC d/b/a St. Croix Hospice, and Pekin Insurance Company | Ann Gronlund and Jared Favero | Corinne Butkowski | Justin Lightfoot | Defendant | | For defendant
The jury did not find that the MVA was a cause of injury to Plaintiff. | This case arises from a motor vehicle accident that occurred on June 21, 2022, in Marion, Iowa. Plaintiff Ann Martin was a passenger in a vehicle that was rear-ended by a vehicle driven by Defendant Michelle Haparanta. Michelle Haparanta was employed by Defendant St. Croix Hospice, LLC, doing business as St. Croix Hospice, and was acting in the course of her employment at the time of the motor vehicle accident. Ann Martin claims that Michelle Haparanta was negligent in the operation of her motor vehicle and that negligence caused injuries and damages to Ann Martin. Michelle Haparanta admits that she was negligent and was responsible for the motor vehicle accident. St. Croix admits that Michelle Haparanta was operating her motor vehicle within the course of her employment and admits responsibility for Michelle Haparanta’s negligence. Defendants deny that Michelle Haparanta’s negligence was the cause of Ann Martin’s claims injuries and damages. |
| 05/23/2025 | Cerro Gordo County | Contract - Fraud Misrepresentation - Violation of Statutory Duty to Disclose | LACV073714 | Ray D. Patterson v. Jason Sencer & Laura Senser | Jordan Talsma | Shaun Aaron Thompson | Coleen D. Weiland | Plaintiff | 30400 | For plaintiff:
(Count IV – Negligent Misrepresentation and Count V – Violation of Statutory Duty to Disclose ONLY.)
Damages: $30,400.00
TOTAL DAMAGES: $30,400.00 | |
| 05/23/2025 | Woodbury County | Contract/Commercial - Other | LACV188684 | Sioux City Truck & Trailer, Inc. v. Sioux Contractors, Inc., Mark Albenesius, Inc., and Robert J. Agnus | Jessica Ann Board | Scott Allen Hindman and Stephen E. Doohen | Honorable Patrick H. Tott | Plaintiff | 925000 | For plaintiff:
Damages: $925,000.00
TOTAL DAMAGES: $925,000.00 | This case involves the construction of a truck dealership by Sioux Contractors, Inc. for Sioux City Truck & Trailer, Inc. During construction and upon completion of the construction of the dealership a dispute arose between Sioux City Truck & Trailer, Inc. and Sioux Contractors, Inc. regarding alleged deficiencies in the construction of said building and the exterior concrete around the building. Sioux City Truck & Trailer, Inc. is seeking damages for the alleged deficiencies. Sioux Contractors, Inc. denies the claims of Sioux City Truck & Trailer, Inc. and disputes the amounts of damages it seeks in this case. |
| 05/21/2025 | Page County | Contract/Commercial - Other - Breach of Contract and Third-Party Claim for Fraudulent Misrepresentation | LACV105730 | SS&N Investments Group, LLC v. Home Sweet Home Care, Inc. and Estate of | William M. Reasoner, David Lee Wetsch | Brett Ryan, Kyle Austin Marcum
Matthew Grant Sease, Delaney Jacklynn Kozlowski | Hon. Amy L. Zacharias, Fourth Judicial District of Iowa | Plaintiff | 65111.22 | For Plaintiff (SS&N Investments Group, LLC)
Damages: $65,111.22 | SS&N Investments Group, LLC sued Home Sweet Home Care, Inc. for breach of a lease agreement, alleging failure to make payments. Home Sweet Home Care denied the breach and filed a third-party claim against HBR, LLC, alleging fraudulent misrepresentation regarding lease terms. The jury found in favor of SS&N on the breach of contract claim and awarded damages. The jury did not find HBR, LLC liable for fraud. |
| 05/01/2025 | Cerro Gordo County | PERSONAL INJURY - MOTOR VEHICLE | LACV073357 | (GRR)ANGEL HERMAN V. MAXINE KRUGER | Devin Ross; Lowe Law Group | Natalie Williams Burris; Swisher & Cohrt PLC; | GREGG R ROSENBLADT | Plaintiff | 110000 | For plaintiff:
$110,000
The jury awarded damages to Plaintiffs as follows: The jury returned a unanimous verdict in favor of the plaintiff in the amount of $110,000 as detailed on the verdict form as follows:
Loss of Full Mind and Body Damages (past) $25,000;
Physical and Mental Pain and Suffering Damages (past) $25,000;
Loss of Full Mind and Body Damages (future) $20,000;
Physical and Mental Pain and Suffering Damages (future) $20,000; and
Future Medical Expenses $20,000. | Plaintiff claimed Maxine Kruger was negligent when her vehicle failed to yield to the vehicle in which Plaintiff was a passenger causing a collision. Defendant admitted Maxine Kruger was negligent. Plaintiff claimed that she suffered injuries as a result of Maxine Kruger’s negligence. Defendant disputed the nature and extent of Plaintiff’s injuries. Judgment was entered in favor of the plaintiff Angel Herman and against the defendant Neil Kruger, as person representative of the Estate of Maxine M. Kruger in the amount of $110,000. |
| 04/18/2025 | Cedar County | Contract - Fraud Misrepresentation | LACV037047 | Butz & Butz-Hill Exports, Inc. v. Kurtenbach | Jennifer Lynn Zahradnik | Peter Craig Riley | Honorable Meghan Corbin | Plaintiff,Defendant | | Verdict (on 2 counts only; unclear whether the others were dismissed at trial or before):
Count III – Fraudulent Non-disclosure:
☐For Plaintiff ☒ For Defendant
☐For Counter-Claim Plaintiff ☐ For Counter-Claim Defendant
Damages: $0.00
Counterclaim Count II – Interference with Quiet Enjoyment:
☒For Plaintiff ☐ For Defendant
☐For Counter-Claim Plaintiff ☐ For Counter-Claim Defendant
Damages: $0.00
TOTAL DAMAGES: Enter text. | This dispute between Mark E. Butz (Mark) and Butz-Hill Exports, Inc. (Butz-Hill), as Plaintiffs-Counterclaim Defendants, and Lee P. Kurtenbach, as Defendant-Counterclaimant, grows out of an Operating Agreement dated July 28, 2021. |
| 04/17/2025 | Polk County | Property/Finance Damage (No Personal Injury) | LACL155894 | City of Des Moines v. Yek Khai | Luke Michael Desmet and Reagan Peterson | Natalie Williams Burris | Celine M. Gogerty | Plaintiff | | Verdict for Plaintiff
Defendant was not at fault for any items damaged. | This is a civil case brought by the City of Des Moines alleging that the defendant was negligent and caused a car accident that damaged a City-owned vehicle. The Defendant denies this claim and disputes the amount of the City’s claimed damages. |
| 04/15/2025 | Winneshiek County |
Civil - Other Action |
EQCV026863 |
Christine Bentley Schlitt, et al v. Roger Bentley, et al |
Spencer Steven Cady, Matthew McGuire, and Jay Patrick Syverson |
Thomas C. Verhulst |
John Bauercamper | | |
MISTRIAL - Jury unable to reach verdict. |
In this case, the Plaintiffs claim that Genevive I. Bentley created and executed a Will and Revocable Trust on August 11, 2017 and a Will and Revocable Trust on July 17, 2019. Plaintiffs further claim that the 2017 and 2019 Wills and Trusts of Genevieve I. Bentley are invalid and unenforceable because the Wills and Trusts were the result of undue influence exercised upon Mrs. Bentley by the Defendants at the time the Wills and Trusts were created and executed.
The Defendants deny that they unduly influenced the Genevieve I. Bentley to create and execute the Wills and Trusts executed by Mrs. Bentley in 2017 and 2019. |
| 04/10/2025 | Polk County | Personal Injury - Medical/Dental Malpractice | LACL155690 | Areli Contreras, through her parents Juan and Faith Contreras, et. al. v Central Iowa Hospital Corporation d/b/a Blank Children’s Hospital,. | Erin E. Jordan; Katie M. Naset | Erik Bergland; Jeffrey Kappelman | Sarah Crane | Plaintiff | 1160000 | Loss of Full Mind and Body – Areli Conteras Past: $100,000
Loss of Full Mind and Body – Areli Conteras Future: $100,000
Physical and Mental Pain and Suffering – Areli Conteras Past: $ 650,000
Physical and Mental Pain and Suffering – Areli Conteras Future: $310,000
TOTAL DAMAGES: 1,160,000
Negligent Infliction of Emotional Distress – Faith Conteras: $200,000 | Areli Contreras, through her parents Juan and Faith Contreras, Juan Contreras, individually and Faith Contreras, individually, claim that Central Iowa Hospital Corporation d/b/a Blank Children’s Hospital, was negligent in its care of Areli Contreras at Blank Children’s Hospital and its negligence caused injury to Areli and her parents.. The Defendant denies that it was negligent and further denies that any such negligence was the cause of any damages to Plaintiffs. |
| 04/03/2025 | Polk County | Plaintiff/Counterclaim Defendant (Green LTD) claims against Port of Des Moines and Michael LaValle: breach of contract (failure to pay lease agreement) and liability as partial guarantor respectively. Counterclaim Plaintiffs/Defendants (Port of Des Moines & Michael LaValle) claims against Green LTD,Richard Eychaner,and Eychaner Properties LLC (counterclaim defendants): breach of contract (covenant of good faith and fair dealing),fraudulent inducement,fraudulent misrepresentation. | LACL154866 | GREEN LTD LC VS PORT OF DES MOINES LLC ET AL | Katelynn Turner McCollough, Deborah Marie Tharnish, Ann Marie Holden Kendell | Thomas Clinton Goodhue, Bryony Joy Whitaker, Angel Anna West | Jeffrey D. Farrell | Plaintiff | 634400 | For plaintiff
A. Plaintiff Green LTD’s claim against Defendant Port of Des Moines and Defendant Michael LaValle: for Plaintiff Green LTD
B. Counter Plaintiff Port of Des Moines’ claim against counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC claim of breach of contract: for counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC
C. Counter Plaintiff Port of Des Moines’ claim against counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC claim of fraudulent inducement: for counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC
D. Counter Plaintiff Port of Des Moines’ claim against counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC claim of fraudulent misrepresentation: for counter-defendants Green LTD, Richard Eychaner, and Eychaner Properties LLC | Green LTD LC (Green) filed this lawsuit against Port of Des Moines LLC (Port of Des Moines) and Michael LaValle. Green claims that Port of Des Moines breached two lease agreements (the 2016 Lease Agreement and the 2019 Lease Agreement) by failing to pay rent. Green claims that LaValle is liable for part of the rent as a partial guarantor. Port of Des Moines claims that it is not liable for unpaid rent because it was excused by the lease agreements' Force Majeure clauses.
Port of Des Moines and LaValle have made claims against Green, Richard Eychaner, and Eychaner Properties, LLC (Eychaner Properties). The claims include breach of contract, fraudulent inducement, and fraudulent misrepresentation. As part of their breach of contract claim, Port of Des Moines and LaValle claim that Green violated the implied covenant of good faith and fair dealing. Port of Des Moines and LaValle's claims are based on their allegation that Green, Eychaner, and Eychaner Properties did not correctly calculate the common area maintenance, insurance, and taxes (CAMIT) rent, that they misrepresented the CAMIT, and induced them into entering into the 2019 Lease Agreement by misrepresenting CAMIT. Green, Eychaner, and Eychaner Properties deny these claims.
Do not consider this summary as proof of any claim. Decide the facts from the evidence and apply the law which I will now give you. |
| 04/03/2025 | Marion County | Personal Injury - Premises Liability | LACV098535 | Brian Leslie v. Chicken Coupe, LLC et. al. | Kent Balduchi | William Larson | Honorable Michael Jacobsen | Plaintiff | 7310.77 | For plaintiff:
Medical Damages: $7,310.77
Loss of Full Mind and Body – Past: $ 0
Loss of Full Mind and Body – Future: $ 0
Physical and Mental Pain and Suffering – Past: $ 0
Physical and Mental Pain and Suffering – Future: $ 0
TOTAL DAMAGES: $7,310.77
Comparative Fault: ☒Plaintiff – 50% Defendant – 50% | Plaintiff went to the Pizza Hut in Knoxville, Iowa. He alleges he slipped and fell on snow or ice when exiting the building. Plaintiff alleged that the defendants were negligent in maintaining the restaurant premises. Defendants denied the Plaintiff’s claim of negligence and asserted the affirmative defense of comparative fault.
This was a TBI case because the plaintiff was knocked out when he fell on ice. The Plaintiff’s expert was Dr. Spooner. The Defendant’s expert was Dr. Robert Arias. Both experts testified live at trial.
|
| 04/01/2025 | Hancock County | Premises Liability | LACV020028 | Lillie v. Hancock Health System d/b/a Hancock County Memorial | Jeff Carter and Zachary Priebe | Jeffrey Wright | Blake Norman | Plaintiff | 550000 | For plaintiff:
49% Plaintiff; 51% Defendant
Past Pain and Suffering: $225,000
Wage Loss: $325,000
TOTAL: $550,000 | Plaintiffs Kelly and Richard Lille claim that Defendant Hancock County Health System d/b/a Hancock County Memorial Hospital were negligent regarding snow and ice removal and that negligence caused Kelly Lillie’s fall on February 22, 2021 and suffer damages.
Defendant denies they were negligent and pled comparative fault. |
| 03/14/2025 | Grundy County | Contract/Buyer Plaintiff Breach of Contract | LACV060172 | Justin Wise v. Scafferi Enterprises, LLC d/b/a Rainbow International of Grundy County | Michael Marquess | Jennie Wilson-Moore | Kellyann M. Lekar | Plaintiff | 66882.3 | For plaintiff
Damages: $66,882.30
TOTAL DAMAGES: 66,882.30
| This trial arises out of a contract dispute between the Plaintiff, Justin Wise (Wise) and Defendant, Scafferi Enterprises, LLC which does business as Rainbow International of Grundy County (Rainbow). Wise maintains he contracted with Rainbow to perform general contractor services on his home in Grundy County following a fire. Wise alleges that Rainbow breached the contract. Wise asserts he suffered damages as a result of the alleged breach of contract. Rainbow claims they did not have a contract with Wise to serve as the general contract on the house project or that, if there was a contract, Wise breached the contract first by preventing them from performing on the contract. |
| 03/14/2025 | Winnebago County | Personal Injury: Other Negligence | LACV213502 | Lino Naveja v. Hy-Vee, Inc. | Shannon Henson and Brittany Salyars | Damien Wright and Mason Bump | James Daane | Plaintiff | 150000 | For the plaintiff:
$150,000
Past medical expenses: $55,000
Future medical expenses: $17,000
Past lost wages: $10,000
Past pain and suffering: $17,000
Future pain and suffering: $ $17,000
Past loss of mind and body: $17,000
Future loss of mind and body: $17,000
The jury assigned 15% comparative fault to Plaintiff. | In this case, Plaintiff Lino Naveja claims to have been injured by the negligence of Defendant Hy-Vee, Inc. Hy-Vee denies it committed negligence and affirmatively alleges that Mr. Naveja was at fault. |
| 03/12/2025 | Polk County | Personal Injury - Motor Vehicle | LACL156969 | Gregory Philip Reising v. Scott William Snyder | Brian Patrick Galligan, Torrence E. Lewis (Dallas, TX), Peter Anthony Sartes II (Clearwater, FL) | Benjamin Erickson, Rachel M. Morgan | Honorable Samatha Gronewald | Plaintiff | 55088.34 | For Plaintiff
Vehicle Damage: Enter text.
Past Medical Expenses: $30,234.73
Future Medical Expenses: Enter text.
Loss of Time – Earnings: $3,573.61
Loss of Future Earning Capacity: Enter text.
Loss of Full Mind and Body – Past: Enter text.
Loss of Full Mind and Body – Future: Enter text.
Physical and Mental Pain and Suffering – Past: $21,280.00
Physical and Mental Pain and Suffering – Future: Enter text.
Spousal Consortium: Enter text.
Parental Consortium: Enter text.
Other: Enter text.
TOTAL DAMAGES: $55,088.34 | In this case, Plaintiff Gregory Reising claims Defendant Scott Snyder was at fault for a February 24, 2022, incident that occurred on Hickman Road in Des Moines, Iowa in Polk County, when Scott Snyder crashed into the rear of Plaintiff’s vehicle resulting in injuries to Gregory Reising. Defendant Scott William Snyder owned the 2018 Chevrolet motor vehicle and admits that he was at fault for the February 24, 2022, collision.
Plaintiff further claims that because of the February 24, 2022 collision, he sustained injuries and damages. Defendant disputes the nature and extent of the injuries and damages claimed by Plaintiff. |
| 03/06/2025 | Polk County | CIVIL - OTHER ACTIONS | CVCV065097 | Cyndi Collins v. Edwin Allen et al | David Ronald Albrecht, Amy Rachelle Beck | Pro-Se | Patrick Smith | Plaintiff | 10120000 | $1,200,000 for Past Compensatory Damages; $900,000 for Future Compensatory Damages; $8,000,000 for Punitive Damages; $20,000 against Defendant Property Management Professionals, LLC for breach of contract.
TOTAL DAMAGES: $10,120,000.00 | In this case the Plaintiff, Cyndi Collins, alleges Defendant Property Management Professionals, LLC, breached an apartment lease by demanding she pay $500 more in monthly rent than provided in the written lease, refusing to accept rent payments, and taking action to try to evict her from her apartment for non-payment of rent. The court has ruled as a matter of law that Defendant Property Management Professionals, LLC breached the lease agreement with Plaintiff.
Plaintiff also alleges that Defendant Edwin Allen, the owner of Property Management Professionals, LLC, violated the Iowa Civil Rights Act by demanding Plaintiff engage in a sexual relationship or pay $500 in additional rent, by creating a sexually hostile housing environment, and by retaliating against Plaintiff when she opposed the sexual harassment. Plaintiff is seeking damages arising out of the breach of contract and alleged violations of the Iowa Civil Rights Act.
Defendant Edwin Allen denies all of Plaintiff’s claims and denies she is entitled to any damages. |
| 03/06/2025 | Polk County | Personal Injury - Motor Vehicle | LACL155288 | ANTHONY L NELSON VS ALISHA A RANKIN ET AL | Eric K. Schade | Randy J. Wilharber, Emma M. Steffen, Morgan T. Borron | Samantha Gronewald | Plaintiff | 159857 | For plaintiff
Past Medical Expenses: $19,053.96
Future Medical Expenses: $40,000
Lost Wages: $3,803.04
Loss of Full Mind and Body – Past: $42,000
Loss of Full Mind and Body – Future: $25,000
Physical and Mental Pain and Suffering – Past: $20,000
Physical and Mental Pain and Suffering – Future:$ 10,000
TOTAL DAMAGES: $159,857
Comparative Fault: ☒Jury found no sudden emergency | : This matter arises out of a motor vehicle and pedestrian collision involving the Plaintiff, Anthony L. Nelson, and the Defendant, Alisha A. Rankin. The collision occurred at or near the intersection of 2nd A venue and Center Street in Des Moines, Polk County, Iowa on August 6, 2021. Mr. Nelson alleges Ms. Rankin was negligent in the operation of her vehicle on August 6, 2021. Ms. Rankin denies that she was negligent and further denies her actions were a proximate cause of Mr. Nelson's claimed injuries and damages. |