Iowa Supreme Court Opinions June 29, 2012

Posted on Jul 03, 2012

No. 10–0061 CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY v. CALHOUN COUNTY BOARD OF SUPERVISORS
Appeal from the Iowa District Court for Calhoun County, Gary L. McMinimee, Judge.

Appellant seeks further review of a court of appeals decision affirming the dismissal of appellant’s suit for reimbursement of costs associated with the repair of a damaged tile drain under Iowa Code chapter 468 (2009). DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED, AND CASE REMANDED FOR DISMISSAL.

No. 10–0843 WHITLEY v. C.R. PHARMACY SERVICE, INC. d/b/a FIFTH AVENUE PHARMACY, and FIFTH AVENUE COMPOUNDING
Appeal from the Iowa District Court for Linn County, L. Vern Robinson, Judge.

Plaintiff appeals from judgment for defendant on a jury verdict in a pharmacy malpractice lawsuit. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED.

No. 10–1677 L.F. NOLL INC. v. DOPE EVIGLO
Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.

Appellant alleges the district court erred in denying his motion to quash garnishment. REVERSED AND CASE REMANDED.

No. 10–1721 ROBINSON v. ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY
Appeal from the Iowa District Court for Pottawattamie County, Timothy O’Grady, Judge.

Defendant insurance company contends plaintiff’s suit for underinsured motorist benefits is barred by two-year contractual limitations period. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT SUMMARY JUDGMENT AFFIRMED.

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Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death