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| Albers v. Gentry, No. 6-081 / 05-0696,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: A trial court properly upheld a determination in a workers' compensation case that an injured employee was jointly employed by both a trucking company and an independent truck owner where the independent truck owner initially recruited the employee, promising to train him only if he first qualified as a driver with the trucking company.
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| Carlson v. Iowa DOT, No. 6-076 / 05-0564,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Driver did not meet his burden to prove the inadmissibility of blood and urine tests taken pursuant to Iowa Code § 321J.6(1) (2003) where he showed that he was confused as to what had happened but where the driver stated he understood what he was being told regarding the tests.
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| City of Britt v. Cheney, No. 5-867 / 05-0327,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Trial court did not err in allowing a homeowner's variance from the city's zoning ordinance and refusing to abate the city's nuisance claim as the damage to the homeowner's home did not exceed 50 percent of its replacement value and there was scant evidence that the structures on the homeowner's property were dangerous buildings or structures.
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| Clark v. State, No. 6-006 / 04-1331,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Postconviction relief based on ineffective assistance of counsel was denied because the jury was told to consider the inmate's role as an aider and abetter in other instructions, no prejudice resulted from the prosecutor's asking of a certain question, an alibi defense was not timely raised, and an alternate theory was based on speculation.
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| Condon Auto Sales & Serv. v. Siouxland Auto Auction, Inc., No. 6-056 / 04-1628,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Court did not err in awarding car dealership inter alia, compensatory damages of $ 90,201 and punitive damages in the amount of $ 100,000 against car auction company; jury had a reasonable basis for its calculation of damages, they were far from speculative, capable of precise calculation, and dealer introduced overwhelming evidence of its claims.
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| Condon v. Maloney (In re Estate of Condon), No. 6-090 / 05-0977,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: A beneficiary was not entitled to receive an amount left to her in a will because a testator had given it to her as an inter vivos gift; under the doctrine of ademption by satisfaction, the testator's clear intent was shown through the amount of the gift and a notation on the check.
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| Erusha v. Trinkle, No. 06-109 / 05-1222,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: A father's motion to modify custody was denied because there was no showing of a material and substantial change in circumstances; the child's decline in grades was not permanent, and there was incentive for the child to do better. Moreover, neither the mother's nor the child's mental illness justified a change either.
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| Goff v. Brown, No. 6-071 / 05-0328,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: In a forcible entry and detainer action, the trial court erred in ruling in the landlords' favor as the parties' voucher lease satisfied the definition of a lease agreement under Iowa Code §§ 562A.18, .6(10) and 24 C.F.R. § 982.308. As such, the landlords could not terminate the tenancy absent qualifying lease or legal violations, or good cause.
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| In re Marriage of Beckermann, No. 6-106 / 05-1095,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: A trial court's award of five years of spousal support was appropriate under Iowa Code § 598.21 (2003) based on the length of the parties' marriage and the difference in earnings, despite the fact that a wife was relatively young, healthy, well educated, and gainfully employed.
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