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Case No. 18-2213

Bernice Linn and Howard Linn
v.
North Iowa Anesthesia Associates, P.C., Michael Qualey, M.D., Mercy Health Services d/b/a Mercy Medical Center-North Iowa

Appellant

Bernice Linn and Howard Linn

Appellees

North Iowa Anesthesia Associates, P.C., Michael Qualey, M.D., Mercy Health Services d/b/a Mercy Medical Center-North Iowa

Attorneys for Appellant

Bruce H. Stoltze and Amanda M. Bartusek

Attorneys for Appellees

Frederick T. Harris and Jeffrey R. Kappelman, for North Iowa Anesthesia Associates, P.C. and Michael Qualey, M.D.
Connie M. Alt and Desiree A. Kilburg, for Mercy Health Services Iowa Corp. d/b/a Mercy Medical Center-North Iowa

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2213
Date Published:
Mar 18, 2020
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Bernice and Howard Linn appeal the district court’s denial of their motion for new trial following a jury verdict in favor of North Iowa Anesthesia Associates, P.C., Dr. Michael Qualey, and Mercy Health Services in the Linns’ medical malpractice action.  The Linns argue (1) the jury committed misconduct by failing “to deliberate”; (2) the jury committed misconduct by discussing “the facts, evidence, and witnesses throughout their breaks during the trial”; (3) the district court erred in failing to “continue to remind jurors of their admonition” not to converse with each other; (4) the district court erred in “refus[ing] to poll the jury”; and (5) the district court should have granted their motion for mistrial based on defense counsel’s comments in opening statements.  OPINION HOLDS: We affirm.

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