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Case No. 17-1001

Susan K. Morrison, Executor on Behalf of the Estate of Max L. Morrison, Susan K. Morrison, Executor on Behalf of Susan K. Morrision, Susan K. Morrison, Executor on Behalf of Brian L. Morrison and Michael S. Morrison
v.
Grundy County Rural Electric Cooperative

Appellant

Susan K. Morrison, Executor on Behalf of the Estate of Max L. Morrison, Susan K. Morrison, Executor on Behalf of Susan K. Morrision, Susan K. Morrison, Executor on Behalf of Brian L. Morrison and Michael S. Morrison

Appellee

Grundy County Rural Electric Cooperative

Attorneys for Appellant

John R. Walker Jr.

Attorneys for Appellee

Joseph G. Gamble and Gregory R. Brown

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1001
Date Published:
Jan 23, 2019
Summary

            Appeal from the Iowa District Court for Tama County, Mitchell E. Turner, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (16 pages)

            The family of Max Morrison (the Morrisons) are plaintiffs in a negligence action against the Grundy County Rural Electric Cooperative (GCREC).  They alleged the GCREC was liable when an airplane carrying Max hit one of their above-ground power lines and crashed, resulting in Max’s death.  A jury found the GCREC was at fault but was not a cause of the crash.  The Morrisons raise numerous grounds of error.  OPINION HOLDS: Because the Morrisons received a favorable verdict finding fault, we do not entertain any allegations of error related to fault.  In addition, because the jury never reached the question of comparative fault, we do not consider any allegations of error related to comparative fault.  We find the Morrisons failed to preserve error on several issues, including on the instruction defining “cause.”  We address on its merits the Morrisons’ claim the court should have ruled as a matter of law that Max’s death fell within the scope of the GCREC’s liability; but we find the Morrisons were not entitled to a directed verdict on that question.  Having disposed of all issues, we affirm. 

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