Attorney Erik A. Luthens's Legal Cases

Litigation

Sanford v. Fillenwarth, 863 N.W.2d 286 (2015)

May 08, 2015

OUTCOME: Case settled after the Iowa Supreme Court's ruling in Sanfords' favor.

Erik Luthens represented a patron (Sanford) at an Iowa lake resort (Fillenwarth Beach) who sustained serious injuries after being physically assaulted by another resort patron who had been sold and ove ... r-served alcohol by the resort. Sanford sued Fillenwarth Beach pursuant to Iowa's dramshop law. The district court granted the resort's summary judgment motion, ruling that Iowa's dramshop law did not apply. After granting Further Review, the Iowa Supreme Court reversed the trial court, ruling that Iowa's dramshop statute did in fact apply to Sanford's claim against the resort.

Medical malpractice

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

Dec 05, 2008

OUTCOME: Case proceeded to jury trial & ultimately resolved.

Erik Luthens represented a patient (Wilkins) who alleged that he received substandard medical treatment at a hospital in Marshalltown, Iowa relative to its failure to timely diagnose his cancer. The d ... istrict court granted the hospital's summary judgment motion based on the statute of limitations. The Iowa Supreme Court granted Wilkins' request for Further Review and reversed the district court, ruling that it misapplied the discovery rule and the relevant statute of limitations. The Iowa Supreme Court also adopted Wilkins' request concerning ostensible authority as it related to the hospital and the staffing of its emergency room.

Slip and fall accident

New v. Titan Tire Corp., WL 984730 (2001)

Aug 29, 2001

OUTCOME: Case settled for approximately $382,000 after the Iowa Supreme Court refused to grant Titan's request for Further Review.

Erik Luthens represented Mark New who was an over-the-road trucker that fell at Titan Tire Corp's plant in Des Moines, IA after making a delivery. A Polk County jury awarded Mark (and his wife Lisa) $ ... 328,071. The trial court subsequently denied Titan's motion for judgment notwithstanding verdict and motion for new trial. The Iowa Court of Appeals affirmed the trial court. The Iowa Supreme Court refused to grant Titan's request for Further Review.

Car accident

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

Jan 18, 2001

OUTCOME: Case settled after the Iowa Supreme Court's Further Review ruling in Greenwood's favor.

Erik Luthens represented Dale Greenwood who was a pedestrian that was struck by an automobile operated by Mitchell. Greenwood sued Mitchell for his injuries. After the district court submitted a failur ... e to mitigate jury instruction (requested by Mitchell over Greenwood's objection), the jury found Greenwood 60% at fault. The district court denied Greenwood's motion for new trial. The Iowa Court of Appeals affirmed the district court. After granting Greenwood's request for Further Review, the Iowa Supreme Court ruled that the district court committed reversible error by allowing Mitchell to assert the affirmative defense of failure to mitigate without providing any medical expert testimony to prove the defense.

Administrative law

Blecher v. Iowa Bd. of Educational Examiners, WL 18849 (2000)

Jan 12, 2000

OUTCOME: The Iowa Court of Appeals remanded the case for a hearing on its merits.

Erik Luthens represented the mother of a student who filed a complaint against a Des Moines, IA school teacher. The teacher moved to dismiss the complaint before an evidentiary hearing took place. The ... Iowa Board of Educational Examiners denied the teacher's motion. The teacher appealed the district court which ruled that the complaint should be heard on its merits. The teacher appealed to the Iowa Court of Appeals which affirmed the district court.

Criminal defense

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

Feb 19, 1997

OUTCOME: Thomas Gordon was granted a new trial.

Erik Luthens represented Thomas Gordon on an assault charge. The trial court judge overruled Luthens' proposed jury instruction concerning a "per se" injury. The jury found Gordon guilty of assault. Go ... rdon appealed and the Iowa Supreme Court reversed the trial court, ruling that it incorrectly instructed the jury that a red mark or bruise on victim’s chest constituted “bodily injury” per se. After remand, Gordon plead guilty to a simple misdemeanor.