Iowa
Iowa store that sold gas to an arsonist may be liable, judge rules – Iowa Capital Dispatch
Is a retailer that sells gasoline to an arsonist chargeable for damages that consequence from the sale?
That’s one of many central questions raised in a case that pits an insurance coverage firm towards a Des Moines QuikTrip retailer and its father or mother company.
State Auto Property and Casualty Insurance coverage Co., which is the insurance coverage firm for the Southern Knolls house advanced in Des Moines, is suing QuikTrip Corp. of Tulsa, Oklahoma, in federal court docket, alleging gross negligence.
In response to court docket data, Giovannte Curtis entered the QuikTrip gasoline station and comfort retailer at 3941 S.E. 14th St., in Des Moines, shortly after 6 p.m. on April 7, 2021. Curtis bought a number of plastic soda-fountain cups, then took the cups exterior to the gasoline pumps and tried to fill them with $2 price of gasoline.
A QuikTrip worker stopped the pump to stop the sale and defined to Curtis that plastic beverage cups weren’t applicable containers to move gasoline.
Curtis left the shop and returned about 10 minutes later with an applicable gasoline container. He encountered the shop’s assistant supervisor, Solonia Gene, launched himself to her, after which made a number of feedback indicating that he meant to make use of the gasoline he was about to buy for some type of “nefarious and/or felony functions,” based on the insurer.
Curtis allegedly advised Gene, “You going to get to know me actual nicely,” and mentioned he was “going to deal with a state of affairs” that was “going to be broadcast,” based on the lawsuit.
Regardless of these statements, QuikTrip bought Curtis a number of {dollars}’ price of gasoline, the lawsuit claims. He then took his partially stuffed gasoline can and instantly walked throughout the road to the Southern Knolls house constructing, the place he poured the gasoline on the flooring and partitions and ignited it with a lighter.
The fireplace shortly unfold and brought about important injury to the constructing, though no accidents had been reported. Curtis was later arrested and convicted of second-degree arson.
In response to the lawsuit, Gene admitted she was nervous about promoting gasoline to Curtis as a result of she believed he was going to make use of it to begin a fireplace. She is also alleged to have mentioned that she didn’t have time to intervene or name 911 as a result of it was a busy time of night time with a lot of clients within the retailer, including that she prayed that night time as a result of she was nervous Curtis was going to trigger injury or hurt somebody.
State Auto Property and Casualty alleges it paid greater than $1 million to the proprietor of Southern Knolls as compensation for damages and misplaced rental revenue. The lawsuit seeks restoration of these funds.
Did QuickTrip have an obligation to disclaim the sale?
QuikTrip has denied any wrongdoing, however earlier this yr it argued for a dismissal, claiming it wasn’t accountable “for the actions of Curtis Giovannte.” (In nearly all the civil court docket data, Curtis’ first and final names are mistakenly reversed.) The retailer additionally claimed {that a} enterprise’ obligation to guard towards hurt attributable to others is “restricted to these lawfully on the enterprise’ land.”
The retailer mentioned that “no matter obligation QuikTrip might have needed to management” Curtis or his actions ended as soon as Curtis “left QuikTrip’s property.”
U.S. District Court docket Senior Decide James E. Gritzner dominated in any other case and denied the corporate’s movement for a dismissal.
In his ruling, Gritzner mentioned there seemed to be no Iowa precedent as as to whether an atypical “obligation of care” extends between the vendor of a non-defective product and members of most people who’re harmed by a so-called “faulty buyer.”
The choose famous the New Mexico Supreme Court docket as soon as addressed the query of whether or not a retailer had an obligation to refuse the sale of gasoline to an intoxicated driver. In that case, a retailer was sued after promoting gas to a drunk buyer who then brought about an accident that claimed the lifetime of one other driver. The New Mexico court docket held that gasoline retailers have an obligation to chorus from supplying gas to “a driver the seller is aware of, or has purpose to know, is intoxicated.”
Gritzner said that within the QuikTrip case, Curtis is alleged to have mentioned he meant to “deal with a state of affairs” and that he could be “broadcast.” Additionally, the choose famous, Curtis first tried to purchase gasoline utilizing plastic fountain cups, suggesting his intent was to not fill a gas tank. That act additionally demonstrated a “disregard for the inherent risks” of gasoline, the choose discovered.
“Collectively, these information create a believable inference that QuikTrip workers knew, or had purpose to know, (Curtis) deliberate to trigger hurt on the time they bought him gasoline,” Gritzner dominated in denying the movement to dismiss. “QuikTrip managed the sale of gasoline at its retailer. Certainly, it turned (Curtis) away as soon as, solely permitting him to purchase gasoline upon his return to the shop.”
A trial within the case is scheduled for Aug. 21, 2023.
QuickTrip has filed a third-party criticism towards Curtis in search of compensation for any quantity the corporate should pay to fulfill a judgment or settlement towards its insurer.
Iowa
Keys to Victory: Nebraska at Iowa
Nebraska heads to Iowa City on Friday for the annual Black Friday matchup against the Hawkeyes. At 6-5, the Huskers are bowl eligible for the first time since 2016. Iowa comes into the game at 7-4, having won three out of their last four. Of the two teams’ mutual opponents, Iowa lost to Ohio State 35-7, beat Wisconsin 42-10, and lost to UCLA 20-17.
On behalf of the Common Fan podcast, here are three keys to victory for the Huskers, and two keys to victory for all the fellow Common Fans.
NEBRASKA’S KEYS TO VICTORY
Stop (or Slow Down) Kaleb Johnson. After having an atrocious offense last season, Iowa is back to being respectable on the offensive side of the ball, especially when it comes to the run game. The Hawkeyes boast the #13 rushing offense in the nation. Starter Kaleb Johnson has rushed for 1,492 yards and 21 touchdowns this season, averaging 6.7 yards per carry. He is legitimately one of the best backs in the country. What’s more, Iowa is on their fourth starting quarterback of the season. While there have been some rumblings this week that Cade McNamara and/or Brendan Sullivan–both of whom have started games under center this year–would play on Friday, it sounds like Jackson Stratton will be the guy. Stratton attempted a total of 14 passes last weekend against Maryland, completing 10 for 76 yards. Considering the strength of Nebraska’s defense has been stopping the run all season long, this matchup should favor the Huskers. But it’s Iowa, so who knows. If the Big Red can contain Iowa’s run game, I like their chances to win the game.
More of That Offense, Please. Iowa teams of recent years have been known for great defense. Not just great defense – they have had some elite defensive units. This year’s Hawkeye defense is perhaps not quite as dominant as what we’ve seen in recent years, but they’re still very good. They come into the game ranked #17 nationally in total defense, #12 in scoring defense, and #26 in rushing defense. They have been susceptible to giving up the big play, and currently rank #41 in opponent yards per play, after finishing the 2023 season at #1 in that category.
What will we see out of Nebraska’s offensive unit this week? Are we going to see the squad that had its way with Wisconsin? Or will we see the unit that struggled to move the ball for most of the year? If new offensive coordinator Dana Holgorsen can sprinkle a little more magic on the Nebraska offense, perhaps they can get out to a lead and take Iowa out of their comfort zone.
Make Special Teams Special. Another defining characteristic of Iowa teams in recent years has been outstanding special teams play. On the other side of the equation, all Common Fans know that Nebraska’s special teams play has struggled for most of this season. That said, against Wisconsin, Jacorey Barney had a 45 yard kickoff return to set up Nebraska’s first scoring drive, and place kicker John Hohl was 3-for-3 on field goals. Progress.
Can someone make a game changing play against the Hawkeyes? Can the Huskers at least make sure special teams doesn’t hurt them on Friday?
COMMON FAN KEYS
Soak It In. This is painful to say, but it’s the first time in eight years that Nebraska will be playing Iowa with bowl eligibility already secured. Husker fans don’t have to hold our breath, stressing that the team’s postseason fate rides on this game. I’d love nothing more than to see the Big Red pick up where they left off against Wisconsin, come out and pummel the Hawkeyes. But whatever happens, this isn’t the end of the road for the Huskers.
At least for me, the Iowa game has emerged as a great Thanksgiving weekend tradition. Iowa is the closest thing we have to a rival since joining the Big Ten. Embrace it. Enjoy it. We’re going bowling this year, no matter what happens against Iowa. So load up with some leftover turkey and mashed potatoes, maybe an extra piece of pie, and enjoy the ride, Husker fans.
Going to Kinnick? Common Fan Podcast co-host Matty O was in the house for the Wisconsin game, and after the win, pulled the trigger on tickets for the Black Friday battle against Iowa. He and his son will be making the trek to Iowa City on Friday. That’s the impact of beating the Badgers, getting to bowl eligibility, and starting to believe in this program again.
Are any other Common Fans out there going to be in the house? Hats off to anyone representing the Big Red in enemy territory. And, if you are going to be there on Friday, we’d love to hear from you. Send us an email to commonfangbr@gmail.com or hit us up on social media (@commonfangbr on X) to share your experience. Send pictures, stories, smart remarks…whatever you’ve got! Let’s go 1-0 this week and beat those Hawkeyes!
As always, GBR for LIFE.
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Stay up to date on all things Huskers by bookmarking Nebraska Cornhuskers On SI, subscribing to HuskerMax on YouTube, and visiting HuskerMax.com daily.
Iowa
Urquhart Sets Iowa’s Single-Season Aces Record at UCLA
LOS ANGELES – Senior Michelle Urquhart set Iowa’s single-season service aces record in the Hawkeyes’ 3-1 loss to UCLA on Wednesday night at Pauley Pavilion. Iowa drops to 10-21 overall and 4-15 in the Big Ten.
Urquhart needed two aces to surpass the single-season rally scoring era record set by Becky Walters in 2010. With the third set tied at 10-10, Urquhart dropped in a soft serve to secure her 42nd ace on the season.
The senior from Virginia Beach, Virginia, also recorded a double-double, registering 13 kills and 12 digs. Freshman Dominique Phills and sophomore Hannah Whittingstall were in double-figures with 12 and 10 kills, respectively. Phills was a spark off the bench, drilling five kills in the opening set.
Senior libero Joy Galles notched a career high in digs, finishing with 24. She neared a double-double, tallying eight assists.
MATCH SUMMARY
SET ONE (UCLA, 25-23)
After trading points early on, the Hawkeyes strung together three consecutive points to take a 5-3 lead, courtesy of a kill and ace from Urquhart. UCLA answered with a run, pushing ahead 13-8. Phills was a spark off the bench, helping Iowa pull within two on several occasions. The Hawkeyes rallied all the way back in the opener, tying the set at 23-23 before the Bruins capitalized on back-to-back kills to win the set. UCLA had only one attacking error in the first set, while Iowa had seven.
SET TWO (UCLA, 25-11)
Despite gaining momentum at the end of the first set, Iowa fell behind 9-1 to begin the second. A timeout slowed the Bruins’ progress, but they gained early control of the set. Iowa chipped away in the middle of the set on terminations from Phills and UCLA errors. UCLA ended the set on a 5-0 run.
SET THREE (IOWA, 25-23)
Iowa quickly regrouped for a competitive set in the third. A kill from Whittingstall and ace from freshman Jenna Meitzler kept the pressure on UCLA early. Urquhart notched her record-setting ace, breaking a 10-10 tie in the third set. The teams headed into the media timeout with UCLA leading, 15-14. It wasn’t until late in the set before Iowa pulled away, using a 3-0 run to go up by two at 20-18, courtesy of kills from freshman Malu Garcia and Phills. After a UCLA timeout fueled back-to-back points for the Bruins, Iowa sealed the set with a kill from Whittingstall and error from UCLA.
Mickey’s record-setting ace! 💛#Hawkeyes pic.twitter.com/PlUu17YR2R
— Iowa Volleyball (@IowaVolleyball) November 28, 2024
𝗧𝗛𝗘 𝗤𝘂𝗲𝗲𝗻 𝗼𝗳 𝗔𝗰𝗲𝘀 👑
With Michelle’s second ace tonight, she has set the program record for service aces in a season during the rally scoring era (42).#Hawkeyes pic.twitter.com/fimM7XstTc
— Iowa Volleyball (@IowaVolleyball) November 28, 2024
SET FOUR (UCLA, 25-15)
UCLA recovered and regained momentum, leading 6-2 to begin set four. A pair of kills from Urquhart and a termination from Garcia brought Iowa back within one at 7-6. The Hawkeyes stayed within striking distance but could not take the lead in the set. The Bruins used a run in the middle of the set to take control. A block from senior Anna Davis and Garcia stopped the run at 19-13. UCLA finished the set on a 5-1 run to win the match.
UP NEXT: Iowa heads across town for its season finale, battling No. 20 USC on Friday evening. First serve is set for 9 p.m. (CT) from the Galen Center. The match will be broadcast on B1G+ and the Hawkeye Radio Network.
Iowa
Iowa Legend Sends Strong Message In Midst of Brutal Season
Former Iowa Hawkeyes star George Kittle is in the midst of what has to be the most trying season of his NFL career.
Kittle’s San Francisco 49ers—who were Super Bowl contenders heading into 2024—fell to just 5-6 with their loss to the Green Bay Packer this past Sunday, further hindering their playoff chances.
However, the tight end is not giving up hope in the midst of severe adversity.
“My optimism is not broken by any means,” Kittle told reporters. “We still have a lot of very talented players. We will get some guys back. And I still have full trust in the coaching staff to put our guys in position to make plays, and I got no worry about that. But definitely an uphill grind, and going to see what we’re made of, which I’m looking forward to.”
You have to love Kittle’s fighting spirit, but it seems hard to imagine the 49ers righting the ship in their current predicament.
San Francisco is dealing with a plethora of injury issues up and down the roster, which includes quarterback Brock Purdy, who missed the Packers game with a shoulder problem.
Kittle himself had a strong performance in Week 12, logging six catches for 82 yards and a touchdown. He has also been his usual impressive self overall this season, totaling 49 receptions for 642 yards and eight scores in nine appearances.
But not even Kittle can save the Niners from all of their current troubles.
The 49ers will face the Buffalo Bills in a matchup that could ultimately decide their playoff fate this Sunday.
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