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Case No. 19-2014

Doreen Denise Mowery
v.
The City of Carter Lake, Iowa, a Municipality, Gerald Waltrip, John "Pat" Paterson, Mary Schomer, Frank Corcoran, and Ronald Cumberledge, Individuals

Appellee

Doreen Denise Mowery

Appellant

The City of Carter Lake, Iowa, a Municipality, Gerald Waltrip, John "Pat" Paterson, Mary Schomer, Frank Corcoran, and Ronald Cumberledge, Individuals

Attorneys for Appellee

Marc A. Humphrey

Attorneys for Appellant

Robert M. Livingston and Kristopher K. Madsen

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-2014
Date Published:
Mar 03, 2021
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Timothy O’Grady, Judge.  AFFIRMED ON CONDITION AND CASE REMANDED.  Heard by Bower, C.J., and Tabor and Mullins, JJ.  Opinion by Bower, C.J.  (33 pages)

            Former city clerk Doreen Mowery sued the City of Carter Lake, Gerald Waltrip, John Paterson, Mary Schomer, Frank Corcoran, and Ronald Cumberledge (collectively “the defendants”) for breach of contract, promissory estoppel, and retaliatory discharge in violation of public policy.  The defendants appeal an adverse jury verdict, contending the district court erred in failing to direct a verdict in their favor on each claim or, in the alternative, to order remittitur of duplicate damages awarded by the jury.  OPINION HOLDS: We affirm on all issues except remittitur, and we conditionally affirm the trial court’s denial of the defendants’ motion for new trial.  If, within fifteen days of the issuance of procedendo, the plaintiff files with the clerk of the district court a remittitur of all the judgment in excess of $206,285.61, the judgment of the district court shall be affirmed.  If the plaintiff does not file a remittitur, the district court shall set the case for a new trial. 

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