Categories ArchivesJason Gann Blog

HORSING AROUND WITH THE LAW standard

Did You Know? Iowa is one of several states with a Domesticated Animals Activity Act which provides broad, blanket immunity for a wide variety of domesticated animal activities. What does that mean? Should any employee, participant, or spectator to any horse/equine activity get injured by a horse, the person or company connected to the animal or activity is generally not held liable. These activities include: Riding Horseshoeing Showing horses Loading, hauling, and transporting horses Inspecting horses at events Using horses for farm work The Law at Work: Recently, the Iowa Supreme Court addressed a case in which a farm hand mounted a horse for the purpose of moving two heifers. The horse became unruly and bucked the farm hand. The ...

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IOWA COURT OF APPEALS RULES THAT IN PERSONAL INJURY CASES INVOLVING INTENTIONAL TORTS, A CLAIM FOR PUNITIVE DAMAGES SHOULD USUALLY BE DECIDED BY THE JURY standard

In the case of Lasser vs. McNeal, decided on February 24, 2016, the Iowa Court of Appeals ruled that in personal injury cases involving intentional torts, a claim for punitive damages should usually be decided by the jury. On September 13, 2009, Clifford McNeal and Ray Lasser were involved in a physical alteration over a motor vehicle.  Lasser filed a personal injury lawsuit against McNeal seeking damages for pain and suffering, medical and dental bills, mental anguish and punitive damages.  Before the case went to the jury, the judge in the case excluded Lasser’s claim for punitive damages.  The jury ruled in Lasser’s favor and awarded him money for his personal injury case.  Lasser appealed the judge’s ruling on punitive ...

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