GOTTSCHALK v. POMEROY DEVELOPMENT, INC.

No. 14-1326.

893 N.W.2d 579 (2017)

ESTATE OF Mercedes GOTTSCHALK BY Coexecutors Richard GOTTSCHALK and Rebecca Rassler, Appellants, v. POMEROY DEVELOPMENT, INC. d/b/a Pomeroy Care Center, Defendant, State of Iowa, Appellee. Pomeroy Development, Inc. d/b/a Pomeroy Care Center, Third-Party Plaintiff-Appellant, v. State of Iowa, Third-Party Defendant-Appellee.

Supreme Court of Iowa.

Filed April 14, 2017.


Attorney(s) appearing for the Case

Willis J. Hamilton of Hamilton Law Firm, P.C., Storm Lake, for appellants.

Thomas J. Miller , Attorney General, and Joanne Moeller , Assistant Attorney General, for appellee.

David H. Luginbill and Michael J. Streit of Ahlers & Cooney, P.C., Des Moines, for defendant Pomeroy Development.


A person whom the courts released from the State's civil commitment unit for sexual offenders (CCUSO) and then recommitted to a care center attacked the estate's decedent at the care center. The estate filed a petition against the care center and the State claiming negligence. The care center brought a third-party claim against...

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