CLEAR LAKE – On Wednesday, September 17, the Iowa Court of Appeals will hear oral arguments in Clear Lake, Iowa, in celebration of Constitution Day. Constitution Day commemorates the formation and signing of the Constitution of the United States of America by thirty-nine signatories on September 17, 1787.
The proceedings will take place in the E.B. Stillman Auditorium at the Clear Lake Middle School, 1601 3rd Avenue North. The oral arguments are open to the public and will begin at 9:30 a.m.
The court will hear attorneys argue in the following cases:
23-2025 Shimp v. Gibbons from Cerro Gordo County District Court.
Case summary:
In a July 2018 accident on Clear Lake, 17-year-old Ellie Shimp was injured in a collision between two personal watercraft (jet skis). Shimp was a competitive swimmer from Cedar Falls who suffered a leg injury requiring treatment at a hospital
A physician performed surgery to treat the teenager’s fractured leg. However, the teenager had also sustained an injury to an artery. That injury was not immediately diagnosed and treated, so blood flow to the teenager’s leg was restricted.
The teenager and her parents filed a negligence action against the driver and owners of the jet ski. The parties to that proceeding entered into a settlement agreement, and the family dismissed that action.
They also brought a medical malpractice action against the various medical providers and their employers. Prior to trial, the defendants filed a motion to confirm applicability of the comparative fault act, arguing that should they be found at fault, the jury should be instructed to compare the fault of the defendants with the fault of the jet ski driver. The district court granted the motion. The teenager and her parents filed a motion seeking interlocutory appeal, which the Iowa Supreme Court granted before transferring the case to the Iowa Court of Appeals.
24-0661 State v. Withers from Wright County District Court.
Case Summary: The State charged Rickie Withers with four counts of second-degree sexual abuse and three counts of third-degree sexual abuse. A few weeks prior to trial, the State filed additional minutes of testimony from two additional witnesses. Withers sought a continuance, which the district court denied. At trial, the district court permitted a guardian ad litem to sit next to a complaining witness as she testified over Withers’s objection. The jury convicted Withers on all counts. The district court ordered that the sentences for count I and count II run consecutively, with counts III–VII to run concurrently to count II. On appeal, Withers challenges the denial of his motion to continue, the district court’s decision to permit the guardian ad litem to sit next to the complaining witness as she testified, and the imposition of consecutive sentences.
Attorney briefs for Shimp v. Gibbons and State v. Withers are posted on the Iowa Judicial Branch website at Clear Lake – September 2025 | Iowa Judicial Branch.
A question-and-answer session will immediately follow the oral arguments.