Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-2185

Simonson and Roby v. Cutty's Des Moines Camping Club

Brian Simonson,

Plaintiff-Appellant

vs.

Cutty's Des Moines Camping Club, Inc.,

Defendant-Appellee

________________________

Andrew Roby,

Plaintiff-Appellant

vs.

Cutty's Des Moines Camping Club, Inc.,

Defendant-Appellee

Attorney for Appellants

Bruce H. Stoltze

Billy J. Mallory

Attorney for Appellee

Scott Wormsley

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2185
Date Published:
Nov 04, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (14 pages)

            Plaintiffs appeal from the judgment entered upon a jury verdict awarding them damages on their negligence action against the defendant, raising several claims.  OPINION HOLDS: Because the instructions and verdict forms failed to explain the import of a dismissed third-party defendant’s inclusion, we conclude they were misleading and the plaintiffs were prejudiced.  We reverse and remand for new trial.  In light of our reversal and remand for retrial on the allocation-of-fault question, we find it unnecessary to address the remaining issues. 

© 2022 Iowa Judicial Branch. All Rights Reserved.