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| Am. Home Prods. v. Vokes, No. 6-313 / 05-1016,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Workers' compensation award of medical benefits was affirmed because there was substantial evidence in the record to support the finding that the claimant was exposed to asbestos during the time he was employed by the employer and prior to the time he began treatment for his occupational disease.
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| Amland v. C & L Dev., No. 6-434 / 05-1726,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Trial court erred in reversing the workers' compensation commissioner's denial of benefits to an employee as it relied solely upon the testimony of the employee's treating physician and failed to give the appropriate deference to the commissioner's findings where the evidence, from both witnesses and medical experts, clearly was contradictory.
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| Atkinson v. Manor Care Health Servs., No. 6-307 / 05-0788,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Where a party in a negligence case against a skilled nursing facility failed to object to a trial court's omission of a proximate cause instruction, the error was not preserved for review. Moreover, an allegation that the parties were not given a choice as to how the instruction was given subsequently was not supported by the record.
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| Davis v. Montgomery County Mem. Hosp., No. 6-086 / 05-0865,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: In a negligence action against a hospital brought by a patient and her husband, the trial court properly found that expert testimony under Iowa R. Evid. 5.702 was not required because the jury did not need such assistance in considering the issue of whether the assistance given to the patient in using the bathroom was adequate.
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| Deutsche Bank Trust Co. v. Green, No. 6-294 / 04-2011,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Setting aside of the sheriff's sale was affirmed because equity dictated the sheriff's sale be set aside, when the individual presented evidence to demonstrate enforcement of the sheriff's sale would impose an oppressive burden on him.
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| In re A.P., No. 6-439 / 05-1893,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Involuntary commitment was reversed because the evidence presented was simply too speculative and too remote in time to provide clear and convincing evidence of dangerousness, when there was no evidence of a recent overt act, attempt or threat, to support the conclusion that the patient presented a danger to herself or others.
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| In re Det. of Risdal, No. 6-305 / 05-0739,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Sufficient evidence supported a finding that an inmate was subject to civil confinement as a sexually violent predator under Iowa Code § 229A.2(11) based on expert testimony; the jury was free to disbelieve one expert's opinion that the inmate's abnormality did not predispose him to commit future acts of sexual violence if he was not committed.
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| In re Marriage of Kelly, No. 6-356 / 05-1852,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Where the evidence showed that a couple was unable to agree on even minor parenting issues and they did not live in the same school district, joint care under Iowa Code § 598.1(4) (2005) was not in the best interest of their minor children; the father's work schedule alone did not disqualify him from consideration, however.
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| In re Marriage of Walsh, No. 6-279 / 05-0995,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: A former wife was awarded traditional alimony where the evidence showed that she would not have been able to rehabilitate her education and employment history to compensate for many years out of the job market; moreover, the district court was allowed to consider other factors under Iowa Code § 598.21 when awarding a $2000 per month payment.
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