Why should any parent be allowed to release from liability any adult for behavior that has yet to occur and causes injury to their minor child? Galloway vs State of Iowa, No. 08-0776, November 5, 2010, Supreme Court Of Iowa.
Anne Hensler vs City Of Davenport, In The Supreme Court Of Iowa, No. 09-0608, Filed November 12, 2010. (30 page opinion by Justice Wiggins.)
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) Decision
BENJAMIN FELD ETAL V LUKE BORKOWSKI, The Iowa Supreme Court’s decision: Docket No. 07-1333, Filed October 22, 2010
Victor E. Schwartz, The Restatement Of Torts Third, Liability For Physical & Emotional Harm: What It Means To You.

University and College Life - Personal Injury on Campus

We are just starting this section and we'll complete it as we go. So be patient and visit us often.

Today we start something new; this is a new practice section about the college life and about how the campus can be a dangerous place. As parents we send our children off to a college or university with all the hopes and dreams that they will succeed, but some don't and some are injured or killed while on campus.

This practice category will be a catalogue of how they get themselves in trouble. The bars seem to be a common meeting area where many enjoy each other's company in a festive atmosphere. But drinking can lead to other things and today's post is one of those things.

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com.
Steve Lombardi, Attorney

Blog for Life on Campus

Library for Life on Campus:

Why should any parent be allowed to release from liability any adult for behavior that has yet to occur and causes injury to their minor child? Galloway vs State of Iowa, No. 08-0776, November 5, 2010, Supreme Court Of Iowa. [PDF]
The Iowa Supreme Court’s opinion issued on November 5, 2010 in Taneia Galloway vs State of Iowa strikes down, at least in this case, a parent’s preinjury release of a minor child’s personal injury claim. Fighting on each side is two big guns, the Beattie Law Firm and the Iowa Attorney General’s Office. Justice Hecht writes for the Court. Galloway vs State of Iowa, No. 08-0776, November 5, 2010, Supreme Court Of Iowa.
Anne Hensler vs City Of Davenport, In The Supreme Court Of Iowa, No. 09-0608, Filed November 12, 2010. (30 page opinion by Justice Wiggins.) [PDF]
In this first case before the Iowa Supreme Court the court struck down as unconstitutional Davenport’s parental responsibility ordinance. What is interesting is the dissent by Ternus and Cady choosing deference to the Iowa legislature rather than protect the rights of children through the Constitutional mechanism. One has to wonder whether the removal vote has influenced them.

So what side are you on: Protecting children by eliminating paper releases before any negligence has occurred or protecting adults and their pocket books by allowing adults to have freedom from being held responsible for irresponsible behavior?

Caption: Anne Hensler vs City Of Davenport, In The Supreme Court Of Iowa, No. 09-0608, Filed November 12, 2010. (30 page opinion by Justice Wiggins.) Copy also available on the Lombardi Law Firm website.
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) Decision
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) was a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools. The Tinker test is still used by courts today to determine whether a school's disciplinary actions violate students' First Amendment rights.
BENJAMIN FELD ETAL V LUKE BORKOWSKI, The Iowa Supreme Court’s decision: Docket No. 07-1333, Filed October 22, 2010 [PDF]
Sport Injury: Softball bat strikes player in the head. This case is interesting in that it demonstrates the difficulty of pursing a lawsuit stemming from injury while playing a sport; in this case softball. A player was struck in the head during batting practice. The batter let the bat fly after hitting the ball. Iowa law is tough in this area and requires the act that lead to the injury to be intentional or reckless. The Iowa Supreme Court took up the matter and sent the case back to be tried and for the jury to decide if the batters actions were either intentional or reckless.
Victor E. Schwartz, The Restatement Of Torts Third, Liability For Physical & Emotional Harm: What It Means To You. [PDF]
Victor E. Schwartz, The Restatement Of Torts Third, Liability For Physical & Emotional Harm: What It Means To You.
Ellen M. Bublick, A Restatement (Third) Of Torts: Liability For Intentional Harm To Persons – Thoughts. [PDF]
Ellen M. Bublick, A Restatement (Third) Of Torts: Liability For Intentional Harm To Persons – Thoughts.
LAND-POSSESSOR LIABILITY IN THE RESTATEMENT (THIRD) OF TORTS: TOO MUCH AND TOO LITTLE [PDF]
LAND-POSSESSOR LIABILITY IN THE RESTATEMENT (THIRD) OF TORTS: TOO MUCH AND TOO LITTLE