Erik Luthens | West Des Moines Injury Lawyer

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The Sanfords (husband and wife represented by attorney Erik Luthens) brought a dramshop liability action against Fillenwarth Beach resort, a liquor license holder, for injuries husband sustained when he was assaulted by another resort guest. The District Court, Dickinson County, Don E. Courtney, J., granted summary judgment in favor of resort, and plaintiffs appealed. The Iowa Supreme Court, Cady, C.J., held that resort sold alcoholic beverages, and thus, could be held liable under dramshop statute when an intoxicated guest assaulted and seriously injured husband. REVERSED and REMANDED to the District Court (for further proceedings).

State v. Gordon, 560 N.W.2d 4 (1997)

State v. Gordon, 560 N.W.2d 4 (1997) Defendant Thomas Gordon (represented by attorney Erik Luthens) was convicted in the District Court, Jasper County, Thomas W. Mott, Associate Judge, of assault causing bodily injury. Gordon appealed. The Iowa Supreme Court, Lavorato, J., held that red mark or bruise on victim’s chest did not constitute “bodily injury” per se. REVERSED and REMANDED to the District Court (motion for new trial granted).

Blecher v. Iowa Bd. of Educational Examiners, WL 18849 (Iowa Ct. App. Jan. 12, 2000).

Robin Moon (represented by attorney Erik Luthens) filed a complaint with the Iowa Board of Educational Examiners ("Board") accusing Des Moines schoolteacher Patricia Blecher of professional misconduct. Blecher filed a motion to dismiss with the Board. The Board denied Blecher’s motion to dismiss. Blecher filed a petition for judicial review of the Board’s decision denying her motion to dismiss. The district court dismissed Blecher’s petition. Blecher appealed to the Iowa Court of Appeals contending that she was entitled to intermediate judicial review of the Board’s disposition of her motion to dismiss and the district court erred by concluding otherwise. The Iowa Court of Appeals concluded that intermediate judicial review of the issues raised in Blecher’s motion to dismiss was premature and affirmed the judgment of the district court in favor of Moon. AFFIRMED and REMANDED to the District Court (for further proceedings).

Greenwood v. Mitchell, 621 N.W.2d 200 (Jan. 18, 2001)

Pedestrian (represented by attorney Erik Luthens), brought action against driver seeking damages for injuries to his shoulder he sustained when driver struck pedestrian with his automobile. The District Court, Polk County, Robert D. Wilson, J., entered judgment upon jury verdict for driver, as jury found pedestrian to be 60 percent at fault based on his failure to mitigate damages. Pedestrian appealed. The Court of Appeals, 2000 WL 1157839, affirmed. Upon grant of further review, the Supreme Court, Ternus, J., held that: (1) driver failed to introduce substantial evidence necessary to support submission of failure to mitigate instructions; (2) defendant’s burden of proof on a failure to mitigate damages claim is no less exacting when the defendant alleges the plaintiff caused his own damages than it is when the plaintiff alleges that the defendant caused the plaintiff’s damages; overruling, Tanberg v. Ackerman Inv. Co., 473 N.W.2d 193, McDonnell v. Chally, 529 N.W.2d 611, Miller v. Eichhorn, 426 N.W.2d 641; and (3) error in submitting instructions on failure to mitigate damages materially affected pedestrian’s substantial rights, thus entitling him to a new trial. Court of Appeals decision vacated. REVERSED and REMANDED to the District Court (motion for new trial granted).

Wilkins v. Marshalltown Medical and Surgical Center, 758 N.W.2d 232 (Dec. 5, 2008)

Patient (represented by attorney Erik Luthens) brought medical malpractice action against medical center for its alleged failure to timely diagnose his prostate cancer. The District Court, Marshall County, Dale E. Ruigh, J., granted medical center's motion for summary judgment, concluding the claim was filed after the expiration of the applicable statute of limitations. Patient's wife, having been substituted as party upon patient's death, appealed. The Supreme Court, Appel, J., held that: (1) two-year limitations period began to run when patient was properly diagnosed with prostate cancer, and (2) fact issue remained as to whether medical center was vicariously liable for the negligence of emergency room doctors on a theory of apparent authority or ostensible agency. REVERSED and REMANDED to the District Court (for further proceedings).

Farm Bureau vs. Iowa District Court, Iowa Supreme Court File No. 99-1944 (Mar. 17, 2000).

Nichol vs. Cooper, Polk Co. File No. CL77826. Nichol (represented by attorney Erik Luthens) sued Cooper. Farm Bureau, Cooper's insurer, filed a Petition for Writ of Certiorari in companion case Farm Bureau vs. Iowa District Court, Iowa Supreme Court File No. 99-1944. On 03/17/00, the Iowa Supreme Court DENIED Farm Bureau's petition for writ of certiorari. Petition for writ of certiorari DISMISSED and REMANDED to the District Court (for further proceedings).

New v. Titan Tire Corp., WL 984730 (Iowa Ct. App. Aug. 29, 2001).

A Polk County jury awarded damages to plaintiff Mark New (represented attorney Erik Luthens) in the amount of $293,071. Titan Tire Corporation ("Titan") subsequently filed a motion for judgment notwithstanding verdict as well as a motion for new trial. The Iowa District Court for Polk County, Michael D. Huppert, Judge denied Titan's motions. Titan appealed the district court’s denial. The Iowa Court of Appeals AFFIRMED the district court and dismissed Titan's appeal. Titan filed a petition for further review from the Iowa Supreme Court. The Iowa Supreme Court DENIED Titan's petition for further review and REMANDED case to the District Court (for further proceedings).