No new trial in Watkins shock case
Des Moines reports a Watkins family failed to win a new trial in an $11.15 million damages suit over an electrical shock from a citizen band radio base antenna. Richard Oberreuter and son Thomas were injured on the family farm when the antenna touched a power line. Todd and Violet Oberreuter claimed damages for emotional distress and loss of consortium respectively. The appeals court upheld a directed verdict for Mid-State Distributing Co. and rejected claims of negligence by Orion Industries and Benton County Electric Cooperative Association, citing lack of direct evidence and inconclusive similarities to a prior incident.
MENTIONED IN THIS ARTICLE
Gazette
Des Moines Bureau
DES Moines
Watkins
Citizens Band
Richard Oberreuter
Thomas
Benton County Electric Cooperative Association
Todd
Oberreuter
Violet
Benton County
Orion Industries Inc
Antenna Specialists Co
Thomas M. Horan
Mid-State Distributing Co
Oberreuters
Mid-State
Victim family wins new trial in fatal car-bike crash
The Iowa Court of Appeals ordered a new trial in a Benton County suit over the death of 11 year old Daniel Fratzke, hit by Teresa Meyer on Highway 218 near Vinton. The decision reverses a 1985 verdict finding no negligence and cites failure to give a child on a street instruction. The majority notes evidence showed the boy and friend were in plain view, demanding caution, while a dissent questions the plain view claim.
MENTIONED IN THIS ARTICLE
Gazette
Des Moines Bureau
Des Moines
Benton County
Vinton
Iowa Court of Appeals
Daniel J. Fratzke
Dennis
Sandra Fratzke
Teresa J. Meyer
Garrison
Meyer
Fratzke
Cory McMurrin
August F
Hansell Jr
Danny Fratzke
Bruce Snell
Rosemary Shaw Sackett
Insurance defense ordered in farm liability case
The Iowa Court of Appeals ruled North Star Mutual Insurance Co. must defend Lorren Holty and family in a suit filed by David Junko after an uninsured truck failure caused an auger to detach and injure Junko on a country road. The ruling upheld a Winneshiek County District Court decision.
MENTIONED IN THIS ARTICLE
Des Moines
Iowa Court of Appeals
Winneshiek County
North Star Mutual Insurance Co
David Junko
Junko
Lorren Holty
Iowa Court of Appeals Up
North Star
Genevieve
Dennis Holty
Iowa Court Rules Post Decree Farm Foreclosure Moratoriums Allowed
The Iowa Court of Appeals ruled 3-0 that judges may grant farm foreclosure moratoriums even if filed after a final decree. The decision involved John and Beth Hughes of Colorado, facing Bank of Craig actions in Montgomery County. The court held trial judges have discretion to approve or deny moratorium requests based on good faith and ability to pay.
MENTIONED IN THIS ARTICLE
Judy Daubenmier
Gazette
Des Moines Bureau
Des Moines
Iowa Court of Appeals
Colorado
Montgomery County
Terry Branstad
Bank of Craig
Craig
John
Beth Hughes
Glen
Hugheses
Cedar County man loses bid for unemployment benefits
A Cedar County man, Dennis Ray of North Star Steel Co., was denied unemployment benefits after a disciplinary hearing found him to have violated a last chance agreement. Ray had three unexcused absences after a December 1981 agreement and was terminated for missing work October 31, 1982. The court ruled 2-1 that his prior conduct forfeited his non probationary employee rights.
MENTIONED IN THIS ARTICLE
Des Moines
Iowa Court of Appeals
Cedar County
Dennis Ray
North Star Steel Co
Ray
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America
Americas
THE
Southland Corporation
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