Triston Randall Estate v. Quentin Ray Ary Estate
Troy Randall, Individually and as administrator of the Estate of Triston Randall and The Estate of Triston Randall, Plaintiffs-Appellees/Cross-Appellants
vs.
Dennis Ary and Sandra Ary, Co-Administrators of the Estate of Quentin Ray Ary; and The Estate of Quentin Ray Ary, Defendants-Appellants/Cross-Appellees
and
Jack Youde and Van-Hoff Trucking, Inc., Defendants
Attorney for Appellants
Joel T.S. Greer
Attorney for Appellees
Vernon P. Squires and Jeremiah D. Junker
Attorney for Defendants
Kimberly S. Bartosh (until withdrawal), Stephen E. Doohen, and Zachary J. Hermsen
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Benton County, Lars G. Anderson, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Ahlers, JJ. Greer, J., takes no part. Opinion by Doyle, J. (6 pages)
Parties to a wrongful death lawsuit appeal the order granting a new trial on damages. OPINION HOLDS: Because there is a reasonable probability that juror misconduct influenced the verdict relating to damages, the trial court acted within its discretion in granting a new trial on that issue. But there is no basis for finding the award itself was inadequate, so an order for additur is unwarranted.