AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |
Back to Blog
Laser tag in des moines9/20/2023 ![]() The court found Ha did not demonstrate a connection between CMP, AKA, and Escape Chambers at the time of her injury. On April 10, 2017, the district court entered an order prohibiting Ha from levying assets at the property on Sixth Street. The court accepted the Intervenors’ claim the checks were not payroll checks because they did not reveal withholding information. Ha submitted copies of three checks made out to her from “AKA Tactical Laser Tag” dated February and March 2014. After hearing argument and receiving affidavits the district court allowed Ha to submit documentary evidence to support her claim all three entities are related. AKA and Escape Chambers filed a motion to intervene and a resistance to Ha’s motion, arguing they are distinct entities from CMP and the judgment was entered against CMP alone. Ha filed a motion to clarify the enforceability of the levy, arguing successor liability against AKA and Escape Chambers. The property owner claimed the levy was unenforceable because the order was against CMP and the building is leased by AKA and Escape Chambers. 4 property on Sixth Street in Des Moines. In September, Ha attempted to levy assets located at the 1 Ha did not include the workers’ compensation commission file in the appendix. Ha unsuccessfully attempted to garnish CMP’s bank accounts. The court entered a judgment against CMP for Ha’s damages in January 2016. She filed a motion for entry of judgment against CMP in November 2015 at the district court she did not request judgment against any other entity. Ha still received no communication from CMP. Default was entered against CMP only the arbitration decision in August 2015 limited its findings because of the default, stating: “As an entry of default has been entered against defendant, the issues of existence of an employer-employee relationship and whether claimant sustained an injury on Januthat arose out of and in the course of employment will not be discussed.” Ha was awarded workers’ compensation benefits, interest, medical expenses, costs, and penalty benefits against CMP in an arbitration decision in August 2015. CMP did not participate in the workers’ compensation hearing CMP failed to file an appearance, motion, answer, or other pleading. AKA claims it did not receive further notices or communication regarding Ha’s claim. The agency case proceeded with a caption including only CMP. The AKA petition was assigned the same case number as the previously filed CMP petition. AKA claims it responded with a letter to the workers’ compensation commission from Kerry Poznanski, with a copy to Ha’s attorney requesting the letter be treated as an answer and stating she did not “believe” Ha was an employee of AKA. In November, Ha filed and served a petition against AKA providing a Wisconsin address.1 The record includes a letter from Workforce development to AKA in Wisconsin. Ha hired an attorney and filed a workers’ compensation petition against CMP in September 2014, giving 3 the Sixth Street address. Ha contacted CMP regarding her medical bills and attempted to obtain tax documents from them. Ha ceased working at the laser tag business in April. ![]() In early 2014 the facility rebranded itself as CMP, making announcements on its Facebook page regarding the name change and ordering new branded t-shirts. According to Ha, she was hired in November 2013 by AKA and continued working at the same facility on Sixth Street after her injury until April 2014. The parties dispute whether Ha is entitled to enforce her judgment against CMP also against AKA and EC. Ha later suffered from post-concussive headaches, anxiety, depression, and interrupted sleep-wake cycles. ![]() She suffered a concussion and was admitted to the hospital. Ha was working as a referee for laser tag at the Sixth Street location when she was hit in the eye with a laser gun. This dispute stems from an injury Ha suffered in January 2014. On appeal, Ha argues she should be allowed to levy assets from the property because AKA, CMP, and Escape Chambers are all the same business and because the claimed sales transaction between the three businesses was fraudulent. (Escape Chambers), to satisfy her workers’ compensation judgment against CMP Tactical Lazer Tag (CMP). Tu Ha appeals an order prohibiting her from levying assets from a property on Sixth Street in Des Moines, operating as AKA Tactical Laser Tag, L.L.C. Heard by Vaitheswaran, P.J., and Potterfield and Tabor, JJ. Cady of Nyemaster Goode, P.C., Des Moines, for appellees AKA Tactical Laser Tag, L.L.C. Boulton of Hedberg & Boulton, P.C., Des Moines, for appellant. A plaintiff appeals an order prohibiting her from levying assets of intervenors. _ Appeal from the Iowa District Court for Polk County, David M. and ESCAPE CHAMBERS, L.L.C., Intervenors-Appellees. CMP TACTICAL LAZER TAG, Defendant-Appellee, AKA TACTICAL LASER TAG, L.L.C. 17-0687 Filed JTU HA, Plaintiff-Appellant, vs.
0 Comments
Read More
Leave a Reply. |