Estate of Payton Montana Casteel, by and through its administrator, Anna Hutt; and Tiran Casteel, individually
v.
Patricia Cherie Wray
Appellant
Estate of Payton Montana Casteel, by and through its administrator, Anna Hutt; and Tiran Casteel, individually
Appellee
Patricia Cherie Wray
Attorney for the Appellant
Alfredo Parrish and Adam C. Witosky
Attorney for the Appellee
Janice M. Thomas and Stephanie A. Koltookian
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Page County, James M. Richardson, Judge. AFFIRMED. Considered by Danilson, C.J., and Mullins and McDonald, JJ. Opinion by Mullins, J. (14 pages)
Parents of teenager who died appeal the jury’s verdict of no fault in a tort action based on a vehicle accident. They contend the jury’s verdict was not supported by sufficient evidence and failed to effectuate substantial justice. Further, they argue the court erred in overruling their motion in limine and giving jury instructions about evidence that their son lacked a driver’s license and his motorcycle lacked a headlight and turn signals. Finally, they contend the court erred in granting summary judgment on their claim of damages for pre-death pain, suffering, and loss of function. OPINION HOLDS: We find the jury’s verdict is supported by sufficient evidence and effects substantial justice. We therefore conclude the court did not err or abuse its discretion in denying a new trial. We also find the plaintiffs failed to preserve error on their claims on the admissibility of challenged evidence and jury instruction 16H. We find no error in jury instruction 16I. Finally, we find the court did not err by granting summary judgment and refusing to submit pre-death pain, suffering, and loss of function to the jury.
