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Case No. 17-1270

Wendy Holst
v.
Michael Stapleton and Mansur Trucking, Inc., and Wisconsin Corporation

Appellant

Wendy Holst

Appellee

Michael Stapleton and Mansur Trucking, Inc., and Wisconsin Corporation

Attorney for the Appellant

Robert T. Rosenstiel

Attorney for the Appellee

Bernard L. Spaeth, Jr. and Zachary J. Hermsen

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1270
Date Published:
Oct 24, 2018
Summary

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED ON THE APPEAL AND THE CROSS-APPEAL.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (12 pages)

            Wendy Holst appeals the district court’s decision granting defendants’ motion for judgment notwithstanding the verdict on the issue of future damages.  Michael Stapleton and Mansur Trucking, Inc. cross-appeal the court’s denial of the motion as to certain past medical expenses.  OPINION HOLDS:  Holst did not present sufficient medical evidence to support a claim for future pain and suffering or future loss of function or sufficient evidence to come within the exception to this requirement, and we affirm the court’s grant of judgment notwithstanding the verdict on this ground.  On the cross-appeal, we conclude the district court did not err in finding there was substantial evidence of causation, so the issue of past medical expenses should be submitted to the jury and the court did not err in denying defendants’ motion for judgment notwithstanding the verdict on this ground.  We affirm on the appeal and the cross-appeal.

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