Lawsuit: Dubuque school district’s negligence resulted in sex assault

Lawsuit: Dubuque school district’s negligence resulted in sex assault

Watch Benjamin Novotny’s Television Interview on KWWL:

Benjamin Novotny Video Interview

Link to KWWL Page (or click image above)

Jan 23, 2022

Television Coverage of this case at ABC’s KCRG  https://www.kcrg.com/2022/01/23/family-sues-iowa-school-district-over-sexual-assault/ 

Attorneys are gathering information as they proceed with a lawsuit against Dubuque Community Schools, in which a family alleges that district negligence allowed a student to be sexually assaulted on campus.

 

The litigation, filed in Iowa District Court of Dubuque County, has a trial date set for May 2, 2023. Attorneys for the district deny the allegations.

The suit alleges that one of the plaintiffs, a Dubuque female who at the time attended Hempstead High School, was routinely bullied by a male student, incidents school officials were notified of “on multiple occasions.”

The female and her parents asked the district to transfer her to another school, but the request was denied.

Court documents state that the bullying continued into another school year, during which the family alleges that “Hempstead and the Dubuque Community School District failed to prevent further contact between (the two students).”

The male student would go on to sexually assault the female student on campus in 2019, documents state. The female student reported the incident to her mother, school officials and Dubuque police. Afterward, she was allowed to transfer to another school.

“The negligence of Dubuque Community School District was the direct and proximate cause of the injuries and damages sustained by plaintiffs,” court documents state.

The Telegraph Herald does not identify victims of alleged sexual crimes.

Dubuque Police Lt. Ted McClimon said police investigated the alleged incident but that no charges were filed. Authorities conferred with the Dubuque County attorney’s office, which declined to prosecute the case, McClimon said.

The litigation seeks compensation from the district on counts of negligence, harassment and retaliation and gender discrimination.

Benjamin Novotny, a Decorah-based attorney working with a Dubuque firm on the lawsuit, said the alleged assault could have been prevented if the district had listened to the student’s parents.

“Schools are there to protect students, schools should listen to students and families when they voice concerns, and schools should provide a safe learning environment for children,” Novotny said. “They failed on all three of those counts.”

In response to a request for comment, Dubuque district spokesman Mike Cyze wrote in a statement that there was an alleged incident in 2019 at Hempstead that immediately was turned over to police.

“Beyond that, it’s the district’s practice to not comment on ongoing litigation,” the statement reads.

In court documents, attorneys for the district deny the allegations. They acknowledge that the female student reported being sexually assaulted but deny “for lack of sufficient information” that the assault happened.

“Plaintiff’s alleged injuries and damages, if any, resulted from independent, superseding and/or intervening causes of other individuals, entities, or parties, and such intervening or superseding acts or omissions were the sole and proximate cause of any damages, unrelated to any conduct of defendant,” documents state.

TL4J On CVN’s Top 10 Most Impressive Plaintiff Verdicts of 2021

TL4J On CVN’s Top 10 Most Impressive Plaintiff Verdicts of 2021

#8 – Castillo v. Davignon

$9.5m award over child’s crosswalk death beats out $1.2m settlement offer

Plaintiff attorneys: Nicholas Rowley (pictured), Benjamin Novotny – Trial Lawyers For Justice, Charlotte Glinka, Karen Zahka – Keches Law Group

Castillo closings

Link to video of the full trial:

https://cvn.com/proceedings/castillo-v-davignon-et-al-trial-2021-04-21

Why it made the list:

A Massachusetts state court jury awarded $9.5 million in damages on Friday to the two adult children of a woman struck and killed by a truck while walking her dog in 2017.

Attorneys for defendant Charles Davignon, who drove the truck that struck Rosenthal, conceded that he was liable for her death. That left the jury tasked solely with determining how much to compensate Rosenthal’s children for the death of their mother, a teacher who was 52 at the time of the accident.

“For the last three years, the defendant refused to take responsibility for their mother’s death,” plaintiff’s attorney Nicholas Rowley of  Trial Lawyers for Justice said in a statement released after the verdict. “That changed during this trial. This trial was necessary because the insurance company acted irresponsibly and cheaply. Now they’ll have to face the consequences.”

Read the whole article here:

https://blog.cvn.com/cvns-top-10-most-impressive-plaintiff-verdicts-of-2021

Nick Rowley Interviewed About The Destiny Reyes Case

Nick Rowley Interviewed About The Destiny Reyes Case

Nick Rowley, trial lawyer for little Destiny Reyes, speaks on camera about Destiny Reyes, a young girl who was injured in a car crash, and how he and his trial team stepped in to fight for justice against a large insurance company to ensure she would receive compensation for her injuries and be able to receive the medical attention she needs now and for the rest of her life.

Listen along to the interview below.

Trial Lawyers for Justice Settles Record $3.5 Million Case Against State of Iowa

Trial Lawyers for Justice Settles Record $3.5 Million Case Against State of Iowa

Trial Lawyer Nick Rowley, founder of Trial Lawyers for Justice, his partners at Trial Lawyers for Justice, Dominic Pechota and Matt Reilly, and referring counsel James Van Dyke announced a $3.5 million settlement with the State of Iowa in a car crash case involving a state owned snow plow. According to the State of Iowa’s legal counsel, it is the largest personal injury settlement ever entered into by the State of Iowa in a civil case.

 

Client Nathan Thompson was driving westbound on U.S. Highway 30 in Carroll County, Iowa around 8:30am when a State of Iowa snowplow traveling in the opposite direction failed to raise his wing snowplow before crossing Storm Creek Bridge, causing the plow to strike the guard rail of the bridge, pushing the plow into the path of Nathan’s car.

The crash resulted in Nathan drifting in and out of consciousness and needing to be removed from his vehicle by the Jaws of Life. He was taken to the hospital with a cerebral hemorrhage as well as multiple fractures including his ankle, foot, toe, and wrist.  Nathan sustained a mild traumatic brain injury in the crash. By the time of the settlement, Nathan had returned back to work but continued to suffer from the effects of his mild traumatic brain injury and other physical ailments.

“This is a clear cut case in which a plow operator failed to perform his job duties in accordance with policy and training,” said Nick Rowley, lead trial lawyer. “This resulted in Nathan’s vehicle being struck by a massive snow plow causing tremendous pain and suffering, economic damages, and life-long physical and mental injuries. I am very pleased for Nathan. This was a contested liability case. The State of Iowa’s position, up until the day we reached settlement, was that Nathan was traveling too fast for conditions. The State of Iowa made a smart move by paying the settlement because they would have paid a lot more after trial.”

Settlement was reached less than two weeks prior to trial.

Hospital shutoff oxygen leading to death

Hospital shutoff oxygen leading to death

It had been a rough week, but David Hackley’s family was looking forward to finally bringing him home.

Hackley, 77, was admitted on Jan. 2, 2020, to Gundersen Palmer Lutheran Hospital in West Union for pneumonia. A retired longtime West Union police chief, Hackley improved over the following week, and by Jan. 6, the hospital was making arrangements to discharge Hackley to a skilled nursing home for rehab before he was discharged to go home.

But early on the morning of Jan. 7, something went wrong. According to a lawsuit filed by Hackley’s family, a nurse reportedly tried to wake Hackley just after 7:30 a.m. and wrote later he was “difficult to rouse, does not respond to verbal stimuli, slow response to painful stimuli/sternal rub, color grey/ashen.” The problem, Hackley’s family alleges, is that at some point over that night, the oxygen machine feeding Hackley’s nasal tube was shut off.

Read the full article on the Des Moines Register here: https://www.desmoinesregister.com/story/news/crime-and-courts/2021/10/09/iowa-hospital-sued-shutting-off-patients-oxygen-supply-gundersen-palmer-lutheran/6004000001/

David Hackley, 77, of West Union died in January 2020. His wife and children have sued Gundersen Health System, claiming that the Gundersen's West Union hospital caused Hackley's death by turning off his supplemental oxygen while he was being treated for pneumonia.

Nation State of Play Podcast featuring Nicholas Rowley on California’s Regressive Malpractice Damages Cap

Nation State of Play Podcast featuring Nicholas Rowley on California’s Regressive Malpractice Damages Cap

Listen to the Podcast Here: https://anchor.fm/nation-state-of-play/episodes/Nick-Rowley—Californias-Regressive-Malpractice-Damages-Cap-e16d8tq

Jury Trial Lawyer, Nick Rowley, is featured on the Nation State and Play podcast to discuss the California medical malpractice cap (MICRA -1975 law) that caps the value of life at $250,000 regardless of the injury.

The 3rd leading cause of death in California is medical malpractice. MICRA is a one size fits all cap of $250,000 for anyone harmed by medical malpractice. MICRA was enacted with the understanding that the insurance industry would reduce insurance premiums. This is not the case. Insurance premiums increased and continue to increase today. This saves multi-billion dollar insurance companies money and costs American Citizens more money.

MICRA: the most regressive medical negligence law in US history. It has not changed since 1975. Eliminating MICRA would improve the State of California’s healthcare by holding medical professional accountable for their negligent work. Elimination would not cost medical professionals anything. It would cost multi-billion dollar medical malpractice insurance companies money when they pay out to injured individuals on the behalf of a negligent medical professional when this negligence causes harm.

How do we eliminate MICRA? Vote.

Nick is fighting to pass the Fairness for Injured Patient Act (FIPA). FIPA would raise the Med Mal cap in California to $1,200,000 to reflect inflation. FIPA would better help those who have been harmed by medical malpractice and are in need of financial assistance due to this harm.

FIPA also allows jurors and judges to be informed of the cap. If they decide an injured party deserves more than the cap, they can practice their civil right to award the plaintiff above more than the cap.