Simranjit Singh
v.
Michael Walter McDermott
Plaintiff appealed from a summary judgment dismissing his suit for damages sustained when his semi-truck collided with a cow on the interstate. He contends the district court erred in finding no genuine issues of material fact as to whether the cow’s owner was negligent and whether the doctrine of res ipsa loquitur should be applied. The court of appeals affirmed. Plaintiff seeks further review.
Applicant
Simranjit Singh
Resister
Michael Walter McDermott
Attorneys for the Applicant
Matthew M. Sahag
Gary Dickey
Attorneys for the Resister
Michael T. Gibbons
Christopher D. Jerram
Raymond E. Walden
Supreme Court
Oral Argument Schedule
15-15-5
Oct 24, 2023 7:00 PM Marion High School
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cass County, Craig M. Dreismeier, Judge. AFFIRMED. Heard by Ahlers, P.J., Chicchelly, J., and Blane, S.J. Opinion by Chicchelly, J. (5 pages)
Simranjit Singh appeals a district court order granting Michael McDermott’s motion for summary judgment and dismissing Singh’s claim for negligence. Singh alleges the district court erred in finding that he could not prove McDermott breached a duty of care or that the doctrine of res ipsa loquitur should be applied. OPINION HOLDS: Because Singh has not put forth evidence by which a reasonable jury could find McDermott was negligent, we affirm the district court’s dismissal of this action.