Reynolds Publishes "A 10-Year View of the Restatement (Third) of Torts, Liability for Physical or Emotional Harm in Iowa"

Iowa Defense Counsel Association Defense Update
07.01.2020

Kevin Reynolds and Clark Butler, J.D. candidate, Drake University Law School, authored “A 10-Year View of the Restatement (Third) of Torts, Liability for Physical or Emotional Harm in Iowa” in the Spring 2020 edition of Iowa Defense Counsel Association Defense Update.

The Restatement (Third) of Torts, Liability for Physical and Emotional Harm (Proposed Final Draft No. 1, 2005) was adopted sua sponte by the Iowa Supreme Court in Thompson v. Kaczinski, 774 N.W.2d 829 (Iowa 2009). In the ten years that have passed since its adoption, the Restatement or Thompson have been cited over 100 times. The authors estimate that more Iowa cases have cited to and discussed the Restatement Third than any other jurisdiction.

The article summarizes the more significant Iowa cases discussing the Restatement Third. The authors begin with a shorthand summary of Thompson, its facts and holding. They follow a year-by-year summary of the noteworthy Iowa cases discussing application of the Restatement (Third) of Torts from Thompson to the present.

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