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SELECTED APPELLANT CASES

Estate of Countryman v. Farmers Coop. Ass'n, No.
26/02-0906 , SUPREME COURT OF IOWA , 679 N.W.2d
598; 2004 Iowa Sup. LEXIS 155, May 12, 2004, Filed

OVERVIEW: A district court erred by granting
cooperatives motion for summary judgment in a case
alleging the negligent management of an LLC because the
cooperative was liable for torts, and there was no distinction
for member's separate and independent acts.

Smith v. Air Feeds, No. 6-228/95-0222, COURT OF
APPEALS OF IOWA, 556 N.W.2d 160; 1996 September 30,
1996, FILED

OVERVIEW: The issue of gross negligence of a co-
employee was properly submitted to the jury, even though
the injured employee had settled with and released the co-
employee, because the co-employee was still a party under
Iowa Comparative Fault Act.

Smith v. Air Feeds, No. 4-067 / 93-773, COURT OF
APPEALS OF IOWA, 519 N.W.2d 827; 1994 Iowa App.
LEXIS 39, April 26,1994, Filed

OVERVIEW: In a products liability action, the
determination of whether the particular use of a product
was reasonably foreseeable to the manufacturer was a
question of fact for the jury and precluded summary
judgment.

Hollingsworth v. Schminkey, No. 229 / 95-1331, SUPREME
COURT OF IOWA, 553 N.W.2d 591; 1996 Iowa Sup. LEXIS
405, September 18, 1996, Filed

OVERVIEW: Summary judgment for a motorist on an
insured's negligence claim was precluded by a fact issue on
whether the insurer acted out of fear or emotional
disturbance when the insured was hurt as he rescued an
unconscious motorist from a flaming auto.

Principal Casualty Ins. Co. v. Blair, No. 179/92-930,
SUPREME COURT OF IOWA, 500 N.W.2d 67, May 19,
1993, Filed

OVERVIEW: Where a son was injured when he fell of a
bike assembled by his father, the mother and son could not
collect under the father's homeowner's policy because it had
a family exclusion cause, which did not violate public policy
or equal protection laws.

Principal Casualty Ins. Co. v. Norwood, No. 89-1465,
Supreme Court of Iowa, 463 N.W.2d 66; 1990 Iowa Sup.
LEXIS
273, November 21, 1990, Filed

OVERVIEW: Insureds could retain a reasonable attorney
fee out of subrogation proceeds because an insurer's
responsibility to pay a pro rata share of legal and
administrative expenses applied to a recovery from a
settlement with a third-party tortfeasor.

Preferred Marketing Assoc. Co. v. Hawkeye Nat'l Life Ins.
Co., No. 89-55, Supreme Court of Iowa, 452 N.W.2d 389;
1990 Iowa Sup. LEXIS 56, March 21, 1990, Filed

OVERVIEW: In an action arising from termination of an
insurance agency contract, a judgment finding the insurance
company in breach was affirmed, although a directed
verdict as to tortious interference should have been granted
absent proof of improper acts.

Johnston v. Norfolk Sourthern Corp., No. 88-1617,
Supreme Court of Iowa, 448 N.W.2d 486; 1989 Iowa Sup.
LEXIS 343, November 22, 1989, Filed, As Amended on
Denial of Rehearing December 21, 1989.

OVERVIEW: Fact that non-tortious acts simultaneous to
railroads' acts substantially caused injury did not relieve it
of liability. Examination of damage award in relation to
railroads' acts was required to decide if punitive damage
award was excessive.

Ayers v. Straight, No. 86-1377, Supreme Court of Iowa, 422
N.W.2d 643; 1988 Iowa Sup. LEXIS 94, April 13, 1988, Filed

OVERVIEW: Owners of a semitruck were not precluded
from maintaining an action against dram shops that served
alcohol to the driver of the truck, who was later involved in
an accident, because their action did not involve claims for
contribution or indemnity.

Home-Crest Corp. v. Albright, No. 86-445, Supreme Court
of Iowa, 414 N.W.2d 89; 1987 Iowa Sup. LEXIS 1309,
October 21, 1987, Filed

OVERVIEW: A manufacturer was entitled to a retrial of its
claim on an open account against its retailer when the jury
did not render a verdict on the claim and the judgment in
favor of the retailer on its counterclaim did not subsume the
claim on the account.

In re Marriage of Hubbard, No. 365 / 66786, Supreme Court
of Iowa, 315 N.W.2d 75; 1982 Iowa Sup. LEXIS 1275,
January 20, 1982, Filed

OVERVIEW: A substantial change in circumstances
justified modification of child custody and child support
when the mother failed to properly perform several parental
functions and when the father remarried and provided a
stable home for the children.

Karr v. Monroe Feed Ctr., No. 89-1242, COURT OF
APPEALS OF IOWA, 1990 Iowa App. LEXIS 703; 3 Am.
Disabilities Cas. (BNA) 509, November 29, 1990, Decided

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based solely upon advertisements or self-proclaimed expertise.
This disclosure is required by rule of the Supreme Court of Iowa.
Memberships and offices in legal fraternities and legal societies,
technical and professional licenses, and memberships in
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A description or indication of limitation of practice does not mean
that any agency or board has certified such lawyer as a specialist
or expert in an indicated field of law practice, nor does it mean that
such lawyer is necessarily any more expert or competent than any
other lawyer.

All potential clients are urged to make their own independent
investigation and evaluation of any lawyer being considered. This
notice is required by rule of the Supreme Court of Iowa.

See Iowa Code of Professional Responsibility DR 2-101(A), DR
2-101(C), DR 2-105(A)(3)(c) (1997).