Heidi McFarland and Rachel McFarland
v.
Jason Rieper
Appellee
Heidi McFarland and Rachel McFarland
Appellant
Jason Rieper
Attorney for the Appellee
Roxanne Barton Conlin
Attorney for the Appellant
David L. Brown and Alexander E. Wonio
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. REVERSED AND REMANDED. Heard by Mullins, P.J., Bower, J., and Vogel, S.J. Opinion by Vogel, S.J. (9 pages)
Jason Rieper appeals and Heidi and Rachel McFarland cross-appeal from the jury verdict in favor of the McFarlands on their legal-malpractice claim. Rieper represented the McFarlands in an unsuccessful adoption. Rieper asserts emotional distress damages are not available here, the McFarlands did not establish a prima facie case for legal malpractice, and a new trial or a reduction or remittitur of the jury award is warranted due to prejudicial statements and violations of the court’s rulings. On cross-appeal, the McFarlands assert, in the event of a new trial, evidence of the baby’s death should be admitted and we should clarify the standards for evaluating juror bias. OPINION HOLDS: The McFarlands have not shown Rieper engaged in illegitimate conduct, as required to recover emotional distress damages in a legal-malpractice claim. We therefore reverse and remand for entry of judgment in favor of Rieper. Because this issue is dispositive, we do not reach the parties’ other issues.
