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| Loutsch v. Brower, No. 6-035 / 05-1356,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: As a farmer had the express authority from the farm's owner to engage a bulldozer operator to repair the land, and the implied authority to determine and authorize the amount of work required and incur the reasonable and necessary charges for doing so, the owner was bound by the farmer's actions and liable for the cost of the repairs.
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| Moyle v. Elliott Aviation, Inc., No. 5-773 / 05-0406,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Appellate court affirmed the grant of summary judgment in favor of two defendants because there was no evidence that defendants were involved in the installation of the fuel injectors or with the maintenance or inspection of the decedent's airplane that subsequently crashed.
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| Northwestern Mut. Life Ins. Co. v. Hahn, No. 5-986 / 05-0458,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: District court erred in declaring the life insurance proceeds the property of the decedent's sister because the decedent's change of beneficiary designations, made with the intent to divest the surviving spouse of any interest in the policies was a violation of the temporary restraining order issued in the pending martial dissolution proceeding.
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| Novotny v. Farmers Ins. Co., No. 6-062 / 05-0110,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: There was substantial evidence to support a finding that owners did not meet their burden to prove that water damage to their duplex was covered by a policy excluding losses caused by earth movement where they advised the adjuster that a soil pipe had broken and caused the damage, even though they later asserted a different cause.
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| O'Donnell v. IBP, Inc., No. 6-032 / 05-1097,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: A trial court properly held that employee was permanently and totally disabled under odd-lot worker doctrine because Iowa Worker's Compensation Commissioner's conclusion that the employee lacked motivation to look for work was not supported by substantial evidence, as defined in Iowa Code § 17A.19(10)(f); Commissioner failed to correctly apply law.
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| Raas v. State, No. 5-925 / 05-1103, 5-926 / 05-1110,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Trial court erred in dismissing citizens' negligence action against the State alleging they were injured by two escaped inmates as it was foreseeable that people might be harmed by escaped inmates; a special relationship existed between the inmates and the State, and the State possessed a duty to control them.
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| State ex rel. Miller v. dotNow.com, Inc., No. 5-977 / 04-0708,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: The granting of the attorney general's application for an order enforcing an investigative subpoena issued pursuant to the Iowa Consumer Fraud Act, Iowa Code § 714.16(3) and (4), was proper where permitting the attorney general access to a disk in order to run a randomization program was a reasonable solution to the impasse between the parties.
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| State v. Buswell, No. 6-025 / 05-0839,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Defendant's prison sentence was vacated and resentencing was ordered where there was insufficient evidence to support finding that he drove children to and from school without driver's license. Defendant advised court at sentencing that he took children to school and picked them up from school, but he never stated that he transported them in a car.
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| State v. Carter, No. 5-980 / 04-1271,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Defendant's conviction for possession of marijuana, after marijuana was discovered by Iowa Department of Revenue and Finance while executing administrative warrant to search his residence and seize any item to satisfy drug tax, was upheld where Iowa Code § 453B.9 did not violate constitutional prohibition against unreasonable searches and seizures.
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