Case Summaries - General Negligence and Other Personal Injury

General Negligence

Estate of Charles Clifton Chancey v. Martin Health Center d/b/a Western Home Communities (2015)

Professor Chancey was the long-time chair of the physics department at the University of Northern Iowa. In the summer of 2013, he was diagnosed with amyotrophic lateral sclerosis (ALS or Lou Gehrig's disease). In September, he moved into the assisted living facility and immediately thereafter he went to China to seek alternative treatment for the disease. He received stem cells as well as traditional eastern medicine. His twin brother, David, went to China to bring him back to Cedar Falls through the airport in Cedar Rapids which is about 62 miles from Cedar Falls. They arrived on October 19, 2013. David arranged for a van which could carry Professor Chancey in his wheelchair. The facility sent a new employee who had not been trained on how to secure the belts that would hold the wheelchair in place. On the way from Cedar Rapids to Cedar Falls, the belts in the van strangled Professor Chancey and he was killed. The case was settled for the sum of $700,000.00.

Slagle v. Trostel's Greenbriar (2009)

The day before their wedding the couple had a rehearsal dinner at the restaurant for family and close friends. The dinner featured a mixed green salad. At their wedding the next day, the groom felt sick but managed to make it through the ceremony. However, the couple had to stop on the way to the reception so he could vomit. When they arrived at the reception, they were horrified to learn that many of the guests who had been at the rehearsal dinner were also vomiting and had diarrhea. Five member of the wedding party were taken to the hospital, three by ambulance and the groom was hospitalized on his wedding night. All had food poisoning from the salad they had eaten the night before. The couple went on their honeymoon, but both were ill most of the time, and it took several weeks for them to completely recover. The case was tried to a jury in April 2009 with a verdict entered for $25,000.00 each with interest.

Farm

Karri Locke v. Edsell Locke (1996)

Karri lived and worked on a farm owned and operated by her husband's parents. Her father-in-law accidentally ran over her while driving a farm tractor weighing about three thousand pounds. Remarkably, Karri had no broken bones but developed Complex Pain Syndrome or Reflex Sympathetic Dystrophy in her left leg. Every effort was made to resolve the case with the insurance company that insured the father-in-law and the farm, but those efforts were unsuccessful. We tried the case to a verdict of over $100,000.

Industrial Injuries

Hensch v. IPSCO Steel and Others (1998)

On October 15, 1996, Nova's father, Mark Hensch, and other workers were raising a large roll assembly on a slitter machine manufactured by IPSCO. The welds holding the roll assembly broke and fell onto Mark, crushing him. He survived for several days afterwards, but ultimately died on October 24, 1997. Nova, then only fourteen, was his only surviving relative. The case was settled for a confidential amount.

Railroad

Klemp v. Farmers Cooperative Elevator (1998)

Shirley was walking on top of a railroad grain car to do a visual inspection of its contents as part of her job. The cars were stopped on the premises of the grain elevator. They suddenly began to move without warning and the elevator grain spout hit her in the back, throwing her between two cars. She was run over, causing massive injuries and severing her left leg. Shirley settled her case for a confidential amount.

Utilities

McNear v. IES Utilities, Alliant Energy (2002)

Cathy was at work on the night shift when faulty wiring started a fast moving fire in her house in the late night hours. Cathy's husband and three of her children were asleep in the house as it burned to the ground, killing all 4 of them. Cathy settled her case for a confidential amount.