VOGEL, P.J. I. Background Facts and Proceedings. Penford Products Company (Penford) entered into a contract with C.J. Schneider Engineering Company, Inc. (CJS) for professional services related to the design and construction of an ethanol plant in Cedar Rapids. Penford and CJS's contract provided that all disputes between the parties would be settled by arbitration, which was later invoked when Penford filed a demand for arbitration asserting claims relating to an alleged defective design of...
SACKETT, C.J. Iowa Trenchless, L.C. appeals the district court's decision granting declaratory relief from a covenant not to compete to Michael Sutton, a former owner and employee of Iowa Trenchless. Iowa Trenchless contends the district court erred in applying the standards governing the reasonableness of an employer-employee covenant not to compete to this case, which involves a business owner's sale of his interest. Iowa Trenchless asks that we adopt a less stringent review and grant more...
VAITHESWARAN, P.J. In this dispute between a lessor and lessee of a broadcasting tower, we must decide whether the district court erred in rejecting breach-of-contract and equitable estoppel claims. I. Background Facts and Proceedings American Tower, L.P., the developer of a television broadcasting tower in Slater, Iowa, agreed to lease space on the tower to WHO-TV for a period of fifteen years. WHO-TV was later sold, and the lease agreement was assigned to Local TV. Local TV decided not...
DANILSON, J. A father and mother appeal from the order terminating their parental rights to their one-year-old son. They contend the juvenile court erred in terminating parental rights without the testimony of a qualified expert witness and that the State failed to prove active efforts were made for reunification. The father also contends the juvenile court erred in failing to address placement until after the termination hearing. The mother also contends termination is not in the child's best...
VOGEL, J. In this appeal we examine a case where a joint bank account holder unilaterally withdrew funds from several accounts and placed them in his own name. The district court found this action did not destroy the right of survivorship held by his wife and ordered the return of all the funds to the wife. We conclude that because the withdrawals were valid transactions made with the intent to terminate the right of survivorship that right was successfully destroyed. However, the wife's claim...
DANILSON, J. A father and mother appeal from the order terminating their parental rights to their one-year-old son. They contend the juvenile court erred in terminating parental rights without the testimony of a qualified expert witness and that the State failed to prove active efforts were made for reunification. The father also contends the juvenile court erred in failing to address placement until after the termination hearing. The mother also contends termination is not in the child's...
TABOR, J. Jeffrey Steinke challenges the district court's grant of summary judgment to the Diocese of Sioux City in his lawsuit alleging he was sexually abused by John Kurzak, a Roman Catholic priest, and John Perdue, a former priest. Kurzak and Perdue cross-appeal from the district court's denial of summary judgment on their claim that Steinke's suit is barred by the two-year statute of limitations at Iowa Code section 614.1(2) (2009). Steinke commenced his action in 2008 based upon...
DOYLE, J. A young girl was murdered after she got off at the wrong school bus stop. Her parents brought a negligence action against the bus company. At the close of the plaintiffs' evidence, the district court directed a verdict in favor of the bus company. The plaintiffs appeal, claiming the court erred in finding the harm suffered by the deceased was outside the scope of the risk of the bus company's conduct. This question requires us to consider the newly formulated risk standard under the...
TABOR, J. Today we are asked to decide whether a victim of alleged sexual abuse timely filed his lawsuit against John Kurzak, a Roman Catholic priest; John Perdue, a former priest; and the Diocese of Sioux City. Joseph Kestel appeals from the grant of summary judgment to these defendants on their statute-of-limitations claim. Kestel commenced his action in 2008 based upon incidents of sexual abuse that allegedly occurred in 1982 and 1983. The district court applied the discovery rule, but...
TABOR, J. In this case, we must determine whether a company's counterclaim against its former employee qualifies as an adverse action for purposes of stating a claim for retaliatory litigation under the Federal Fair Labor Standards Act (FLSA) and the Iowa Wage Payment Collection Act (IWPCA). Because the employee failed to show that the company's counterclaim against him was baseless, the counterclaim did not amount to an adverse action for purposes of stating a retaliation claim and the...
VOGEL, P.J. Mary Ernst appeals from the April 2010 order denying her petition for guardianship of her three nieces, M.T.G., born 1991, M.G., born 2001, and L.G., born 2003, and one nephew, G.G. born 1995. 1 Gary Grap, the children's father, cross-appeals seeking trial, as well as appellate attorney fees. Because we find substantial evidence in the record supports the district court's determination that a guardianship for the children is not warranted, we affirm. Gary and Theresa (Elle) were...
TABOR, J. In this appeal, a mother challenges the appointment of a guardian over her now twelve-year-old son. Before his divorce from the child's mother became final, the stepfather petitioned the district court to appoint him as the child's guardian. The mother resisted, but the district court determined that the mother was not a suitable parent due to her history of substance abuse, mental health issues, and instability. Because the district court's determination is not supported by...
VOGEL, P.J. Koehring Cranes, Inc. appeals following a jury verdict in favor of Richard Schmitt. On appeal, Koehring Cranes asserts that the district court erred in (1) denying its motion for a directed verdict; (2) not instructing the jury on sole proximate cause; and (3) admitting a learned treatise without proper foundation. First, we find that because there was a fact question regarding the design defect issues, the district court did not err in denying Koehring Cranes' motion for a...
TABOR, J. This appeal raises the question whether our savings statute, Iowa Code section 614.10 (2009), allows plaintiffs to refile multiple lawsuits during the six-month period provided in the statute. Plaintiffs Maxine Veatch and Chris Price challenge the district court's grant of summary judgment in favor of Bartels Lutheran Home. The district court concluded section 614.10 sanctioned only one refiling within six months, barring the plaintiffs' second refiling as untimely. After examining...
EISENHAUER, P.J. John Deere Dubuque Works (John Deere) appeals and Kenneth Caven cross-appeals from a ruling on judicial review by the district court. The workers' compensation commissioner awarded Caven permanent partial disability benefits for occupational hearing loss and also ruled Caven's tinnitus claim was not filed within the statute of limitations. Utilizing the agency's administrative rules, the commissioner ordered John Deere to reimburse Caven for the costs of obtaining a doctor's/...
MANSFIELD, J. I. Introduction. THE National Bank (TNB) wired money to FCC Equipment Financing, Inc. (FCC), which held a lien on five trucks. TNB anticipated that these funds—together with additional funds from TNB's customer—would enable FCC's lien to be paid off and TNB's customer to acquire the trucks with TNB becoming the new secured lender. As it turned out, the customer did not have enough money to pay off the balance of FCC's lien. TNB accordingly seeks recovery of the wired funds...
