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GRIFFIOEN v. CEDAR RAPIDS & IA CITY RY. CO.

No. 16-1462.

914 N.W.2d 273 (2018)

Mark GRIFFIOEN, Joyce Ludvicek, Mike Ludvicek, Sandra Skelton, and Brian Vanous, Individually and on Behalf of All Others Similarly Situated, Appellants, v. CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY, Alliant Energy Corporation, Union Pacific Railroad Company, and Union Pacific Corporation, Appellees.

Supreme Court of Iowa.

Rehearing Denied July 18, 2018.

Attorney(s) appearing for the Case

Russell G. Petti of Law Offices of Russell G. Petti, La Canada, CA; Sam Sheronick of Sam Sheronick Law Firm, P.C., Cedar Rapids; C. Brooks Cutter and John R. Parker Jr. of Cutter Law P.C., Sacramento, CA; Edward A. Wallace and Amy E. Keller (until withdrawal) of Wexler Wallace LLP, Chicago, IL; and Eric J. Ratinoff of Eric Ratinoff Law Corp., Sacramento, CA, for appellants.

Alice E. Loughran of Steptoe & Johnson LLP, Washington, DC; Charles T. Hvass Jr. of Donna Law Firm P.C., Minneapolis, MN; and Bruce E. Johnson of Cutler Law Firm, P.C., West Des Moines, for appellees Union Pacific Railroad Company and Union Pacific Corporation.

Timothy R. Thornton and Leah Ceee O. Boomsma of Briggs and Morgan, P.A., Minneapolis, MN; and Kevin Collins and Sarah J. Gayer of Nyemaster Goode, P.C., Cedar Rapids, for appellees Cedar Rapids and Iowa City Railway Company and Alliant Energy Corportion.

This case is yet another outgrowth from the terrible flooding that struck our state a decade ago. Property owners in Cedar Rapids have sued the owners of certain railroad bridges across the Cedar River, alleging that their misguided efforts to protect those bridges from washing out worsened the effects of the flooding for other...

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