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| Indian Hills Cmty. College v. Indian Hills Booster Club, No. 7-064 / 06-0392,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Summary judgment was granted in favor of a director of a booster club for a community college in a case alleging conversion and unauthorized acts of an agent because the director was immune from liability under Iowa Code §§ 504A.101, 613.19 since the club was a nonprofit organization, and no exceptions to immunity applied.
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| Jasper v. H. Nizam, Inc., No. 7-052 / 05-1994,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: District court erred by granting defendants' motion for directed verdict in day care center director's wrongful discharge action because, inter alia, Iowa Code ch. 237B and Iowa Admin. Code § 441-109.8(237A) provided strong evidence that the need to adequate staffing at day care centers was a well-recognized and defined public policy of Iowa.
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| Lopez v. IBP, Inc., No. 7-152 / 06-1348,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Denial of workers' compensation benefits was upheld because employee's claim was untimely under Iowa Code § 85.26; statute of limitations was not tolled because employee was aware of the seriousness of her injury more than two years before she filed her claim, as she refused to return to her regular job as a result of the injury and was reassigned.
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| Miulli v. Iowa Bd. of Med. Examiners, No. 7-079 / 06-0622,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Court did not err in upholding decision from Iowa Board of Medical Examiners denying physician's request to rescind restrictions placed on his medical license where court had thoughtfully considered physician's claim that Board did not have authority to impose what he claimed were lifetime licensing restrictions and lifetime probation requirements.
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| O'Haver v. Moore, No. 7-078 / 06-0619,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: The trial court correctly determined that the sellers presented no genuine issue of material fact which warranted a trial and that specific performance of the real estate contract with the buyers was an appropriate remedy.
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| Riggan v. Glass, No. 7-065 / 06-0396,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Bank's officer allegedly embezzled money from a bank customer's account. Bank was vicariously liable for officer's conduct because officer was acting within scope of employment when he transferred funds, officer's conduct was reasonably foreseen, and bank did not set up safeguards to oversee officer.
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| Soifer v. Floyd County Bd. of Review, No. 7-050 / 05-1641,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Appeal from two taxpayers and a property owner should not have been dismissed by a district court because they offered the testimony of two credible and disinterested witnesses regarding an excessive valuation of property used for a restaurant under Iowa Code § 441.21(1)(a); these witnesses used the comparable sales approach.
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| State v. Aswegan, No. 7-084 / 06-0887,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: In an operating while intoxicated case, the denial of defendant's motion to suppress the results of the chemical test was proper as the urine withdrawal process complied with Iowa Code § 321J.11 where the registered nurse used a new catheter pursuant to procedures adopted by the hospital.
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| State v. Finch, No. 7-142 / 06-0842,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Trial court's failure to afford defendant her Iowa R. Crim. P. 2.23(3)(d) right to allocution was reversible error; colloquy was insufficient to allow defendant to point out reasons for withholding judgment as court did not ask, inter alia, whether she was in agreement with sentencing recommendation and whether she wished to speak in mitigation.
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