News Release
February 24,
2010
Contact:
Lisa
Lacher, Drake, 515-271-3119, lisa.lacher@drake.edu
Steve
Davis, Iowa Judicial Branch, 515-725-8058, steve.davis@iowacourts.gov
Iowa
Supreme Court Holds Special Session at Drake Law School
Des Moines,
February 24, 2010—The
Iowa Supreme Court will travel to the Drake University Law School for oral
arguments Tuesday, March 2, starting at 9:30 a.m. Drake law students will
have the opportunity to see how attorneys represent their clients before the
court in the courtroom of Drake's Neal and Bea Smith Law Center, 2400
University Avenue.
The supreme
court will hear two cases:
09-0608,
Hensler v. City of Davenport
The
defendant city appeals from the district court's declaratory judgment ruling
that the city's parental responsibility ordinance (chapter 9.56 of the
Davenport Municipal Code) violated the plaintiff's federal and state
substantive due process rights. The defendant also appeals, and the
plaintiff cross-appeals from the district court's ruling awarding the plaintiff
attorney fees.
08-1478,
Mulhern v. Catholic Health Initiatives
The
plaintiff has appealed the jury's verdict and the denial of his motion for a
new trial after a jury found Elizabeth Von Linden ninety percent at fault for
her own suicide death and Mercy Franklin Center and Dr. Scott Jennisch each
five percent at fault. The plaintiff argues the district court
erred: (1) in instructing the jury that Von Linden's suicide could be
considered for comparative fault and the sole proximate cause; (2) in failing
to submit the plaintiff's theory of "lost chance of survival" to the jury; (3)
in failing to submit the plaintiff's proposed "eggshell plaintiff" instruction;
and (4) in failing to submit the plaintiff's proposed instruction regarding how
the result of treatment could be considered in determining the negligence of
the defendant.
Following the
arguments, the justices will participate in a question-and-answer session for
the students. This special event is designed to help law students become more
familiar with appellate court procedure and arguments.
Note to
Editors: News media are invited to attend the oral arguments and
question-and-answer session. Court rules regarding expanded media coverage
apply.
Proceedings
will be streamed live from the Law School Web site at
http://www.law.drake.edu/supremeCourtOralArguments.
The hearing
at Drake is part of the Law School's 73rd Annual Supreme Court Celebration,
which also will include a breakfast before the hearing for students and justices
of the Iowa Supreme Court. The justices will have lunch with Drake Law School
faculty that day.
# # #
2010
Iowa
Supreme Court
1111
East Court Avenue
Des
Moines, IA 50319
515-281-3952
