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Case No. 22-0587

Scott D. Olson
BNSF Railway Company

Scott Olson seeks further review of the court of appeals’ opinion reversing the district court’s order denying BNSF Railway Company’s motion for new trial.

Trial Court Case No.:


Scott D. Olson


BNSF Railway Company

Attorneys for the Appellee

Christopher H. Leach
Michael J. Streit

Attorneys for the Appellant

David J. Schmitt
Daniel A. Haws

Supreme Court

Oral Argument Schedule


Oct 11, 2023 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Dec 22, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 25, 2023

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  Special concurrence by Buller, J.  (11 pages)

            The appellant railroad company appeals the denial of its new trial motion due to omission of a question on the trial verdict form, among other challenges.  OPINION HOLDS: We reverse the denial of the appellant’s new trial motion and remand for a new trial.  SPECIAL CONCURRENCE ASSERTS: I agree with the majority that Whitlow v. McConnaha, 935 N.W.2d 565, 569 n.4 (Iowa 2019), appears to control our resolution of the error-preservation question.  But if writing on a blank slate, I would not embrace Whitlow and would instead enforce our longstanding principles of error preservation and rules of civil procedure.

Other Information

Date Further Review is Granted:
Apr 26, 2023
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