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Case No. 18-2101

Heather Ceaser and Brett Zach
v.
Marshalltown Medical and Surgical Center; Central Iowa Healthcare; and Central Iowa Healthcare f/k/a Marshalltown Medical and Surgical Center

Appellant

Heather Ceaser and Brett Zach

Appellee

Marshalltown Medical and Surgical Center; Central Iowa Healthcare; and Central Iowa Healthcare f/k/a Marshalltown Medical and Surgical Center

Attorneys for Appellant

James K. Weston II and Hugh G. Albrecht

Attorneys for Appellee

Desiree A. Kilburg, Jennifer E. Rinden, and Vincent S. Geis

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2101
Date Published:
Mar 18, 2020
Summary

            Appeal from the Iowa District Court for Tama County, Mary E. Chicchelly, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (7 pages)

            The plaintiffs appeal a defense verdict on their claim of medical malpractice.  OPINION HOLDS: The trial court acted within its discretion in ruling evidence the plaintiffs sought to admit is inadmissible hearsay.  The plaintiffs failed to provide a foundation to admit evidence of an alleged statement by an employee of the defendant.  And a handwritten note in medical records documenting one plaintiff’s repetition of that statement is double hearsay, which the plaintiffs failed to show falls under an exception to the hearsay rule. 

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