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 |
|---|
| 04/07/2021 | Adair County | PI - PREMISES LIABILITY | LACV006218 | JULIA GILES V. TLH CLEANING, L.L.C. | KEN A WINJUM | TIMOTHY A CLAUSEN
ZACHARY DAVID CLAUSEN | BRAD MCCALL | | | Defense verdict | This case arises out of a slip and fall injury which occurred on January 2, a motor vehicle accident which occurred on January 2, 2017. Plaintiff, Julie Giles claims that the Defendant TLH Cleaning, LLC was negligent or at fault in causing the accident and resulting injuries and damages. The Defendant denies the claims of the Plaintiff and claims that Plaintiff was at fault for the incident. |
| 08/21/2019 | Adams County | PROPERTY/FINANCE DAMAGE (NOPI) | LACV016368 | ROBERT BEATTY VS COLLEEN BEATTY | RYAN A GENEST | JOSEPH GILBERT BERTOGLI | DUSTRIA A. RELPH | | | Plaintiff's verdict: Constructive bailment - $7,627; Conversion - $1,000; Punitive damages - $6,000
Counterclaim: Converted property - $2,241.60 | Robert and Colleen Beatty were formerly married, and now divorced. Prior to the parties being granted a Decree of Dissolution of Marriage, Colleen made allegations that Robert had committed an act of domestic violence towards her. Initially, this resulted in Robert being arrested and charged with the crime of domestic abuse assault. A No Contact Order was issued prohibiting him from residing at the parties' martial home, having access to the home or any of the contents thereof. Robert entered a plea of not guilty to the allegations that he had committed domestic violence. He was found not guilty by a jury of his peers. As a result of the not guilty verdict, the No Contact Order that had been entered as part of the criminal prosecution was dropped; however, prior to being' able to go back to the home, Colleen obtained an ex parte civil No Contact Order pursuant to Iowa Code Chapter 236 which continued to prohibit Robert from going to the home or having the opportunity to inspect its condition. The parties eventually entered into a binding Stipulation which was adopted by the Court. The stipulation awarded Robert the real estate and numerous items of personal property that Colleen
had previously possessed by virtue of the No Contact Orders, first in the criminal action and then in the civil action. The Stipulation provided that the parties had acquired certain farm equipment and other assets in the farming operation and all machinery, implements, motor vehicles and other similar type assets were awarded to Robert with the exception of certain specifically noted items which were awarded to Colleen. Robert had no opportunity to review the property prior to the execution of the Stipulation. After the Order was entered, Colleen held over on the property for a period of time, eventually vacating the property on or about December 1, 2017. Upon returning to the property, Robert discovered that numerous items of property that he had been awarded in the Stipulation had been either taken by Colleen or damaged by her. Plaintiff, Robert Beatty, claims that the Defendant, Colleen Beatty, by making unfounded accusations of domestic abuse by Robert, forced him to be removed from the home's premises and deprived him of possession of property that belonged to him thereby becoming a constructive bailee. Colleen failed to keep property ultimately awarded to Robert in good and proper condition. Additionally, Robert Beatty alleges that Colleen Beatty has committed the tort of conversion by taking certain items of property which had been awarded to Robert. Defendant, Colleen Beatty, denies the Plaintiffs claims and raises defenses and counterclaims of her own. She claims Robert caused damage to the property prior to her taking possession of said property. Colleen further alleged that Robert failed to keep the property awarded to Colleen in good and proper condition and as a result of his failure to maintain the property in good proper condition, Colleen has been damaged. Finally, Colleen alleged that Robert has wrongfully taken certain items of property, acting with malicious and willful intent, and she has been damaged as a result therefrom. |
| 11/08/2023 | Adams County | Personal Injury - Motor Vehicle | LACV016545 | TS Bank, as Conservator for H.L.O., A.N.O., H.M.O., A.D.O. and Wannita L. Olson v. Estate of Karen Grabill and Petersen Harvesting, LLC | Nick Critelli, Jr., Martin Fisher and James Larson | Joseph Thornton | Thomas Murphy | Plaintiff | 600000 | TOTAL DAMAGES: $600,000
Plaintiff Wannita Olson:
Past Medical Expenses: $30,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $0
Past Loss of Function: $29,000
Future Loss of Function: $29,000
Lost Earnings: $5,000
Past Loss of the Children’s Consortium (Harley): $33,000
Past Loss of the Children’s Consortium (Harper): $33,000
Past Loss of the Children’s Consortium (Ava): $33,000
Future Loss of the Children’s Consortium: $0
Total: $200,000
Plaintiff Harley Olson:
Past Medical Expenses: $1,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $8,000
Past Loss of Function: $0
Past Loss of Parental Consortium: $0
Future Loss of Parental Consortium: $83,000
Total: $100,000
Plaintiff Harper Olson:
Past Medical Expenses: $6,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $8,000
Past Loss of Function: $0
Past Loss of Parental Consortium: $0
Future Loss of Parental Consortium: $78,000
Total: $100,000
Plaintiff Alexus Olson:
Past Medical Expenses: $1,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $91,000
Past Loss of Function: $0
Total: $100,000
Plaintiff Ava Olson:
Past Medical Expenses: $2,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $8,000
Past Loss of Function: $0
Pass Loss of Parental Consortium: $0
Future Loss of Parental Consortium: $82,000
Total: $100,000 | The plaintiffs are TS Bank, as conservator for children Harley, Harper, Alexus and Ava Olson; and Wannita Olson, who is a plaintiff and the children’s mother. They allege that they were injured when they were in a vehicle that was in a collision with Karen Grabill, who was driving a truck owned by defendant Petersen Harvesting, LLC. Ms. Grabill’s estate is also a defendant. The plaintiffs allege that Karen Grabill was negligent and that her negligence caused their injuries. The plaintiffs allege that defendant Petersen Harvesting, LLC, owned a truck and that it is liable because it permitted Karen Grabill to drive it. The plaintiffs seek damages. The defendants admit that they caused the collision, but they dispute the nature and amount of damages that should be awarded to the plaintiffs. |
| 11/08/2023 | Adams County | Personal Injury - Motor Vehicle | LACV016545 | TS Bank, as Conservator for H.L.O., A.N.O., H.M.O., A.D.O. and Wannita L. Olson v. Estate of Karen Grabill and Petersen Harvesting, LLC | Nick Critelli, Jr., Martin Fisher and James Larson | | Thomas Murphy | Defendant | 600000 | TOTAL DAMAGES: $600,000
Plaintiff Wannita Olson:
Past Medical Expenses: $30,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $0
Past Loss of Function: $29,000
Future Loss of Function: $29,000
Lost Earnings: $5,000
Past Loss of the Children’s Consortium (Harley): $33,000
Past Loss of the Children’s Consortium (Harper): $33,000
Past Loss of the Children’s Consortium (Ava): $33,000
Future Loss of the Children’s Consortium: $0
Total: $200,000
Plaintiff Harley Olson:
Past Medical Expenses: $1,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $8,000
Past Loss of Function: $0
Past Loss of Parental Consortium: $0
Future Loss of Parental Consortium: $83,000
Total: $100,000
Plaintiff Harper Olson:
Past Medical Expenses: $6,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $8,000
Past Loss of Function: $0
Past Loss of Parental Consortium: $0
Future Loss of Parental Consortium: $78,000
Total: $100,000
Plaintiff Alexus Olson:
Past Medical Expenses: $1,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $91,000
Past Loss of Function: $0
Total: $100,000
Plaintiff Ava Olson:
Past Medical Expenses: $2,000
Future Medical Expenses: $0
Past Pain and Suffering: $8,000
Future Pain and Suffering: $8,000
Past Loss of Function: $0
Pass Loss of Parental Consortium: $0
Future Loss of Parental Consortium: $82,000
Total: $100,000 | The plaintiffs are TS Bank, as conservator for children Harley, Harper, Alexus and Ava Olson; and Wannita Olson, who is a plaintiff and the children’s mother. They allege that they were injured when they were in a vehicle that was in a collision with Karen Grabill, who was driving a truck owned by defendant Petersen Harvesting, LLC. Ms. Grabill’s estate is also a defendant. The plaintiffs allege that Karen Grabill was negligent and that her negligence caused their injuries. The plaintiffs allege that defendant Petersen Harvesting, LLC, owned a truck and that it is liable because it permitted Karen Grabill to drive it. The plaintiffs seek damages. The defendants admit that they caused the collision, but they dispute the nature and amount of damages that should be awarded to the plaintiffs. |
| 01/30/2017 | Allamakee County | Medical malpractice. | LACV026101 | Lubahn et al. v. Lyons et al. | Michael Biderman
James Hayes | Tim Boller
Jennifer Rinden | | | | Pending | |
| 09/03/2019 | Allamakee County | PI - OTHER NEGLIGENCE | LACV026494 | MICHELE TROENDLE V. STEVEN TROENDLE, KATHLEEN TROENDLE | JEFFREY R TRONVOLD | JEREMY LEE THOMPSON
DENNIS G LARSON | ALAN HEAVENS | | | Verdict 1: No undue influence; Verdict 2: Damages - $639.13; Punitive damages - $50,000; Damages(malicious prosecution) - $24,3000 | This is a civil case brought by Plaintiff Michele Troendle against Defendant Steven Troendle individually, and as Executor of the Estate of Gladys Troendle. Michele alleges that Steven improperly used the legal system to appoint himself as Executor, and in that capacity, as well as individually, has breached his fiduciary duty to the Estate and Michele, improperly taken property of Michele’s, intentionally caused unnecessary and added legal expense to the Estate, interfered with Michele’s right to receive her inheritance, and has intentionally inflicted severe emotional distress upon Michele. Steven denies the allegations made by Michele. Steven has brought an action against Michele alleging she exerted undue influence upon their mother, Gladys Troendle when she executed her will on January 27, 2015, and that the will should be invalidated as a result. Michele denies the allegation made by Steven. |
| 11/26/2019 | Allamakee County | PI-MEDICAL/DENTAL MALPRACTICE | LACV026467 | MELANIE CAROLUS VS. VMH & OBERBROECKLING | JEREMY LEE THOMPSON | JENNIFER ESTELLE RINDEN
ROBERT D HOUGHTON
DESIREE ANGELINA KILBURG
LOREE A NELSON
BENJAMIN R. MERRILL | ALAN HEAVENS | | | Defense verdict | This is a medical malpractice case. In this case, Plaintiff, Melanie Carolus, Mother and Next Friend of B.E., a Minor has sued the Defendant, Camille Oberbroeckling, ARNP for damages she claims were caused by the care and treatment of B.E. on October 28, 2015. The Defendant denies that the care and treatment of B.E. was in any way improper or that the care and treatment caused any damage to B.E. |
| 08/24/2022 | Allamakee County | premises liability, fall, negligence | LACV026807 | Winters Vs Allamakee County | Thomas J Duff | Dustin Troy Zeschke | Alan Heavens | | | : For Defendant. Jury determined tha Plaintiff was 80% at fault and Defendant was 20% at fault. | This is a civil case brought by Brad Winters against Defendant Allamakee County. On November 7, 2018, Winters was hired by Defendant Allamakee County to service an air compressor located on an elevated platform located on Defendant’s premises. While servicing the compressor, Winters fell off the elevated platform and sustained permanent injuries. Winters claims that his injuries were caused by the negligence of Allamakee County.
Defendant Allamakee County denies that it was negligent, claims that Plaintiff was negligent, and also disputes the nature and extent of Winters’ injuries. |
| 11/08/2022 | Allamakee County | Breach of contract, breach of implied warranty, consumer fraud- CH 714H, fraudulent misrepresentation | LACV026874 | Schoh vs Beisker Builders LLC et al. | James White | Christopher Fry | Laura Parrish | | | For Plaintiffs on claim of breach of implied warranty, for Defendant on counterclaim for breach of contract
Plaintiffs, for breach of implied warranty claim: $78,946.00
Defendant for breach of contract claim $25,033.60
Total $67,654.73
| Plaintiffs Blake Schoh and Amanda Schoh (hereafter “Plaintiffs” or “the Schohs”) are owners of a home located in Lansing, Iowa. Defendants Beisker Builders, LLC (hereafter “Beisker Builders”) and Seth J. Beisker were hired to complete a remodel and addition on the home for the Schohs. Plaintiffs allege that before and during construction of the project, Defendants made fraudulent misrepresentations to and fraudulently concealed material facts from Plaintiffs in relation to the project. Plaintiffs further allege that Defendant Beisker Builders breached its contract with Plaintiffs for the construction of the home. Plaintiffs further claim that Defendants breached implied warranties associated with the project. Finally, Plaintiffs allege that Defendants defectively constructed certain aspects of their home, constituting negligence.
Plaintiffs claim that all of the forgoing have caused damages to them.
Defendants deny all of Plaintiffs’ claims, and deny they caused any damages to Plaintiffs. Defendant Beisker Builders has filed a counterclaim against the Schohs for breach of contract, alleging the Schohs failed to pay for the project in full. The Schohs deny this counterclaim and assert that any further performance of the contract was excused by one or more material breaches by Defendants. |
| 03/22/2024 | Allamakee County | Motor vehicle (UTV) – pedestrian negligence | LACV026857 | Janice L Knight vs. Estate of Michael T Zeimet et al | David W.H. Jorstad, Raymond Richard Rinkol, Jr. | Jeffrey Lee Swartz | Laura Parrish | Plaintiff | 200000 | The Court granted Plaintiff’s motion for a directed verdict on liability and the jury determined damages.
Physical and mental pain and suffering - past:…………….. $50,000
Loss of function of full mind and body - past:…………….. $50,000
Physical and mental pain and suffering – future:………….. $50,000
Loss of function of full mind and body - future:………….. $50,000
Total: ……………………………………………………….$200,000 | In this case, Plaintiff Janice Knight was injured when Michael Zeimet negligently drove a UTV into her while she was standing in front of Buzzard's Bar & Grill in New Albin, Iowa, pinning her against the brick wall.
The original named Defendant in this case was Michael T. Zeimet. During this lawsuit, Michael T. Zeimet died, and the Estate of Michael T. Zeimet; James Zeimet, as Executor of the Estate of Michael T. Zeimet, was substituted as the Defendant in this case and is hereinafter referred to as the "Defendant" in these jury instructions.
The parties dispute the amount of damages caused to Plaintiff by the fault of the Defendant. |
| 08/01/2019 | Appanoose County | PROPERTY/FINANCE DAMAGE (NOPI) | LALA002481 | ODEN AND WIDMAR V. 5 POINT 5 HUNT CLUB, BRIAN MANN | MARK WILLIAM THOMAS | JACK WILLIAM LEVERENZ
ALLISON JEAN FREDERICK
MICHAEL A CARMONEY | LUCY J. GAMON | | | Plaintiff's verdict: $83,600 | In this case the plaintiffs, Vanessia Oden and Steven Widmar claim that their acreage was damaged by a fire intentionally set by the defendant on February 17, 2017. The defendant, Mr. Mann, individually and behalf of his company, 5 Point 5 Hunt Club, admits that he set the fire on February 17, 2017 and that the fire caused damages to the plaintiffs. The parties disagree over the value of the loss sustained by the plaintiffs, and also over whether or not treble damages should be awarded in this instance. |
| 08/03/2015 | Benton County | Breach of Contract, Implied Warrantey of Fitness for Particular Purpose, Express Warranty | LACV008827 | Reed's, Inc. v. Olmstead Construction, Inc. | Kevin Caster | Clark Mitchell | | | | Defense Verdict | |
| 10/06/2014 | Benton County | Product Liability - House Fire | | Nationwide v. Air Vent, Inc. | Tom Hillers / Jenna Green | Mark Aljets | | | | Continued - No Judge(Dist. 6) | |
| 03/21/2016 | Benton County | Wronful death (x2)/Product liability pertaining to trailer wheels. Pre-trial demands of $5M and $3.2M. | LACV008424
LACV008245 | Standard and Estate of Faulkner v. Starcraft RV et al. | Brad Brady
Steven Crowley | Larry Sutter
Randy J. Wilharber | | | | Defense verdict as to both plaintiffs. | |
| 05/02/2016 | Benton County | Breach of contract; fraudulent representation; slander per quod; slander per se. Counter claim - fraudulent misrepresentation. | CVCV009062 | Brown v. Miller | Scott Shoemaker | Jennifer Zahradnik | | | | Defense verdict on all counts including counter claim. Jury awarded damages to defendants for $8,577.09. | |
| 05/23/2016 | Benton County | MVA. Both defenants deny liability. | LACV008821 | Evans v. Thoman | Tyler Patrick | Karla Shea
Nick Kilburg | | | | Split verdicts. Defense verdict as to defendant 1. Plaintiff's verdict as to defendant 2. Past meds $31,559.94, Past loss of function - $10,000, Future Loss of Function - $5,000, Past P/S -$10,000, Future P/S - $5,000. | |
| 02/05/2018 | Benton County | PI - negligence | LACV009174 | Judy Lint v. Virginia Gay Hospital, Inc. | Landon R. Dufoe | Robert Waterman, Jr. | | | | Continued | In this case Plaintiff alleges Virginia Gay Hospital was negligent in permitting Judy Lint to be left unattended in the ER while using the commode having just suffered a seizure and then suffering a second seizure while on the commode, causing her to fall and fracture some vertebrae in her back. Defendant denies it was negligence because Plaintiff allegedly insisted on being left unattended for privacy reasons while using the commode. |
| 04/23/2018 | Benton County | Malpractice | LACV009333 | Sheryl Schwab v. Jennifer Zahradnik | Peter Craig Riley | Gregory Michael Lederer | | | | Dismissed | In this case Plaintiff Sheryl Schwab claims that her divorce attorney, Jennifer Zahradnik, was negligent in her representation of Ms. Schwab in her divorce causing her to lose a potential interest in her husband’s medical malpractice claim. Specifically, she claims that Ms. Zahradnik should have: (1) advised Schwab that she should demand an interest in Dennis Musel’s medical malpractice claim in negotiations to settle the dissolution proceeding; (2) advised Schwab that if she wanted the chance to obtain an interest in Dennis Musel’s medical malpractice claim she would have to proceed to trial; (3) advised Schwab of the June 16, 2009 letter from Dennis Musel’s lawyer stating that Mr. Musel would not offer anything, in connection with the medical malpractice claim, other than the premiums that Schwab paid for Musel’s care; and (4) advised
Schwab to preserve a claim for loss of consortium in the dissolution decree. Defendant Jennifer Zahradnik denies that she was negligent on the basis that Mr. Musel refused to agree to give Ms. Schwab any interest in his claim and that Ms. Schwab did not want to proceed with trial in an effort to obtain an interest in the medical malpractice action. Ms. Zahradnik also contends that Ms. Schwab’s claim is barred by the five-year statute of limitations. |
| 09/10/2018 | Benton County | WRONGFUL DEATH | LACV009375 | Triston Randall Estate v. Ary Estate Et. Al. | JEREMIAH JUNKER
VERNON P SQUIRES | SHARON LEA SOORHOLTZ GREER
KIMBERLY BARTOSH | LARS G ANDERSON | | | Plaintiff's verdict: Lost accumulation to estate - $59,205 | This case arises from a motor vehicle collision on April 9, 2015, in Urbana, Iowa that resulted in the deaths of five people. One of those killed was Triston Randall. Triston was a passenger in a pick-up truck driven by Quentin Ary, who also died. The Ary vehicle collided with a tractor-trailer driven by Jack Youde on behalf of Van-Hof Trucking. The Plaintiff in this case, Troy Randall, is Triston’s father and executor.
Troy Randall asserts claims of wrongful death and negligence against the Estate of Quentin Ary, Jack Youde and Van-Hof Trucking. The Defendants deny Plaintiffs’ claims and also dispute the nature and extent of the harms and damages claimed by Plaintiffs. |
| 05/29/2019 | Benton County | CONTRACT/COMMERICAL - OTHER | LACV009567 | JAMES E GETTY ETAL VS FARM BUREAU PROPERTY ETAL | RICHARD A PUNDT
LESLIE ELLIS STOKKE | DAVID L RILEY | CHAD A KEPROS | | | Defense verdict | This is a civil litigation case where James E. Getty and Angela M. Getty were engaged in a farming operation near Vinton, Iowa and were insured by Farm Bureau. On or about the 17th day of June, 2017, the Gettys returned from Des Moines, Iowa and drove by their cattle feeding facility. At that time, they noticed that someone had removed the lid to the circuit breaker board and had turned all of the circuit breakers to the off position. Subsequently, the Gettys performed a cattle count and determined that 64 of the healthiest and heaviest cattle had been stolen.... (continued) |
| 05/05/2021 | Benton County | PI - MOTOR VEHICLE | LACV135736 | FRANCESCO SGAMBELLONE VS STATE OF IOWA | TIMOTHY S SEMELROTH
425 2ND ST SE STE 1140
CEDAR RAPIDS, IA 52401
business: (319) 365-9200
BRIAN C IVERS
P.O. BOX 2746
DAVENPORT, IA 52801
business: (563) 355-6478
| SHARON WEGNER | BRADLEY JOHN HARRIS | | | Verdict for Plaintiff $1,811,847 | This case arises out of a February 21, 2016 incident in Black Hawk County, Iowa involving Plaintiff Francesco Sgambellone and the State of Iowa. In this trial, Plaintiff Francesco Sgambellone seeks compensation for damages that he claims to have suffered because of the incident. Defendant State of Iowa denies any fault for Francesco Sgambellone's injuries. Defendant State of lowa also contests the nature and extent of the damages claimed by Francesco Sgambellone. The Defendant State of Iowa also contends Plaintiff Francesco Sgambellone was at fault. |
| 11/17/2023 | Benton County | Personal Injury - Motor Vehicle - Trucking | LACV010162 | Katie Hamilton et al. vs. Curtis Hansen et al. | Timothy S. Semelroth and Joshua Christensen | Bill Roemerman | Chad Kepros | Plaintiff | 803091.86 | For plaintiff
Vehicle Damage: Enter text.
Past Medical Expenses: $93,091.86
Future Medical Expenses: $150,000.00
Loss of Time – Earnings: Enter text.
Loss of Future Earning Capacity: Enter text.
Loss of Full Mind and Body – Past: $20,000.00
Loss of Full Mind and Body – Future: $20,000.00
Physical and Mental Pain and Suffering – Past: $200,000.00
Physical and Mental Pain and Suffering – Future: $320,000.00
TOTAL DAMAGES: $803,091.86 | Plaintiff and Defendant were on a two lane highway during a snow storm. Plaintiff’s vehicle was slowing to make a right hand turn and was rear-ended by Defendant. Defendant admitted the accident occurred, but alleged that he was legally excused from liability under the sudden emergency |
| 11/17/2023 | Benton County | Personal Injury - Motor Vehicle - Trucking | LACV010162 | Katie Hamilton et al. vs. Curtis Hansen et al. | Timothy S. Semelroth and Joshua Christensen | Bill Roemerman | Chad Kepros | Plaintiff | 803091.86 | For plaintiff
Vehicle Damage: Enter text.
Past Medical Expenses: $93,091.86
Future Medical Expenses: $150,000.00
Loss of Time – Earnings: Enter text.
Loss of Future Earning Capacity: Enter text.
Loss of Full Mind and Body – Past: $20,000.00
Loss of Full Mind and Body – Future: $20,000.00
Physical and Mental Pain and Suffering – Past: $200,000.00
Physical and Mental Pain and Suffering – Future: $320,000.00
Spousal Consortium: Enter text.
Parental Consortium: Enter text.
Other: Enter text.
TOTAL DAMAGES: $803,091.86 | Plaintiff and Defendant were on a two lane highway during a snow storm. Plaintiff’s vehicle was slowing to make a right hand turn and was rear-ended by
Defendant. Defendant admitted the accident occurred, but alleged that he was legally excused from liability under the sudden emergency defense. Defendant also argued that Plaintiff was comparatively at fault for the accident. |
| 02/26/2025 | Benton County | Plaintiff's Negligence Claim | LACV010565 | Thomas Janss v LinnCooperative Oil Co., d/b/a Linn Co-OP Oil Company | Matthew L Preston, Jared Tyler Favero | Mark William Thomas, Emma McShane Steffen | Andrew B. Chappell | Plaintiff | 103311.96 | A. Plaintiff’s claim of Negligence – For Plaintiff with Plaintiff having 10% fault;
B. Plaintiff’s claim of Breach of Contract – for Defendant;
C. Plaintiff’s claim of Breach of Implied Warranty of Fitness – for Plaintiff (not subject to fault reduction);
D. Defendant’s counterclaim for Breach of Contract – for Plaintiff
Damages: $103,311.96
TOTAL DAMAGES: $103,311.96 | Statement of the Case: Members of the Jury: In this case, Plaintiff, Thomas Janss ("Janss"), claims that Defendant, Linn Cooperative Oil Company. d/b/a Linn Co-op Oil Company ("LCC"). was negligent in carrying out chemical application services on Plaintiff's soybeans, resulting in the destruction of the soybean plants. Plaintiff also claims that Defendant's conduct constitutes a breach of contract that existed between the parties, and a breach of a warranty between Plaintiff and Defendant concerning application services. Defendant denies the allegations and asserts that Plaintiff's negligence was responsible for the destruction of the soybeans. Defendant also asserts Plaintiff has breached his contract with Defendant by not paying the cost or the fertilizer application. Finally, Defendant denies it breached its contract with or any warranty owed to Plaintiff. 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. |
| 09/21/2015 | Black Hawk County | Negligence | LACV122121 | Finch v. Farmer | Bruce Toenjes | Corinne Butkowski | | | | Verdict for Plaintiff - $36,507.34 TOTAL $13,065.70 (past meds); $200 (Future Meds); $5,000 (past pain); $7,500 (future pain); $5,000 (future function); $5,000 (past function); $741.64 (past wages). | |
| 07/20/2015 | Black Hawk County | Premises Liability - P claims owner was intoxicated and fell on Plaintiff causing a fractured shoulder. P underwent shoulder replacement surgery. | LACV123612 | Harken v. Halupnick | Michael Lahammer | Sharon Greer | | | | Defense Verdict | |
| 07/13/2015 | Black Hawk County | Auto Accident - Fault Admitted, $21K in paid meds | LACV125000 | Parker v. Degroote | Josh Moon | Dave Riley | | | | Verdict for Plaintiff - $70,571.65 | |
| 12/01/2014 | Black Hawk County | Medical Malpractice | LACV116208 | Schilling v. Allen Health | David Stamp | Dominic Pechota & George Weilein | | | | Verdict for Defense | |
| 10/27/2014 | Black Hawk County | Commitment - Sex Offender | LACV085512 | In Re Detention of Barnes | Robert Sand | Steven Addington | | | | Verdict for the State of Iowa | |
| 09/29/2014 | Black Hawk County | Personal Injury | LACV122087 | J&T Johnston v. D. Hall | Mark Fransdal | Mark Parmenter | | | | Verdict for Plaintiff | |