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| Arnold v. Lee, No. 6-154 / 05-0651,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: In a medical malpractice suit against a nurse anesthetist, a patient and her husband were properly denied a new trial. A district court did not abuse its discretion in ruling that a packaging insert from an endotracheal tube used to administer anesthesia was not admissible under the learned treatise hearsay exception of Iowa R. Evid. 5.803(18).
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| Bluestem Solid Waste Agency v. Nutz, No. 6-242 / 05-1111,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: District court's ruling that a commissioner for the Iowa Workers' Compensation Commission could enter a nunc pro tunc order to correct a settlement approval was affirmed because the parties did not intend to settle an employee's second injury, and the agency properly issued the nunc pro tunc order excluding that injury from the settlement approval.
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| City of Cumming v. Smith, No. 6-256 / 05-1533,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: City had the authority, pursuant to its municipal code and Iowa Code §§ 364.12(2) (2005) and 657.2(5), to declare lampposts situated on a public right-of-way a nuisance without a showing of harm or danger to the public; therefore judgment concluding that the city lacked authority to require the property owners to remove the lampposts was reversed.
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| Danka Holdings v. Myers, No. 6-248 / 05-1210,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: In a workers' compensation matter, when extent of worker's injuries was in dispute, district court properly remanded matter to agency because deputy commissioner committed legal error by giving more weight to testimony of treating physicians.
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| Delaney v. Cook, No. 6-238 / 05-1011,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Borrower's emotional distress and other tort claims against bank and loan officer were barred by doctrines of claim preclusion and in pari delicto where it was determined in earlier replevin action that loans were fraudulently obtained when borrower and officer conspired to falsely inflate borrower's income so as to facilitate granting of loans.
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| Frontier Leasing Corp. v. James River Country Store, No. 6-237 / 05-0953,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Leasing corporation's breach of contract suit against store and two partners was properly dismissed; four-year statute of limitations in Iowa Code § 554.13506(1) began running when one partner died, which triggered default under the clear provisions of the lease agreement, and suit was not filed until four and one-half years after partner's death.
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| Gates v. Iowa County, No. 6-218 / 05-0231,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: A declaratory judgment was entered in favor of a county in a dispute over the ownership of a road because the elements of equitable estoppel were not satisfied; although there was some evidence of abandonment based on a failure to maintain for 20 years, it did not rise to the level of clear and convincing proof.
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| Haines v. State, No. 6-130 / 05-0656,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Denial of postconviction relief application was affirmed, as inmate did not preserve issue regarding counsel's ineffective assistance for review. It was not specifically raised in application or specifically addressed in postconviction court's ruling; inmate did not file Iowa R. Civ. P. 1.904(2) motion asking court to enlarge or amend its findings.
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| Horvath v. Desotel, No. 6-388 / 05-1719,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Mother's motion to modify child custody was properly denied because she failed to show substantial change in circumstances not contemplated at time decree was entered; although parties' relationship had deteriorated with subsequent loss of communication, lack of communication between parties was contemplated at time decree was entered.
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| In re Estate of Hoffman, No. 6-386 / 05-1692,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Although reasonable fact-finder could have made contrary findings, there was substantial evidence to show that caregiver and decedent had gratuitous relationship whereby each received certain benefits while they cohabited and that caregiver benefitted financially, and thus, caregiver's claims for payment for services rendered were properly denied.
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