Quick Tip – Make Sure Your Opponent Shows Up for Trial

Interesting Iowa Supreme Court decision today. The essential holding is that a party to a civil action does not necessarily have to show up for trial if they can prove their case otherwise. Of course, in most cases, I’d strongly recommend that your client show up. 

The real takehome lesson for lawyers here is to make sure to subpoena the opposing party for trial if you need/want any of their testimony. In Illinois, one would do something similar with a Rule 237 notice. 

(Howard Zimmerle is a trial lawyer practicing in Iowa and Illinois. He represents people who have been injured in car accidents, by medical malpractice, or in many other ways. He can be reached at hzimmerle [at] mjwlaw.com or 309-794-1660).

Iowa Supreme Court Holds Parent’s “Permission Slip” Style Injury Waiver Void

We all know the drill. Before a child goes on a field trip or something, the parent has to sign a permission slip.

The permission slip will typically waive liability for what could happen – in other words, Johnny goes on a field trip with his school, gets hurt, Johnny’s mom can’t sue the school even if they were at fault.

Not anymore. The Iowa Supreme Court (battered and bruised as they are) ruled that preinjury waivers signed on behalf of a minor are void as against public policy. That’s a pretty big decision. You can read it here.

Oh, and for those who might blame the three justices who were thrown out – one of those three dissented from the opinion.