Denise D. Farley
v.
Eric Schultz and Jeana Schultz
Appellant
Denise D. Farley
Appellee
Eric Schultz and Jeana Schultz
Attorney for the Appellant
Frederick W. James and Blake Gibney
Attorney for the Appellee
Stefanie J. Thomas-Nichols
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott Rosenberg, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Greer, P.J. Dissent by Sandy, J. (25 pages)
Denise Farley appeals the denial of her motion for a new trial, arguing the district court abused its discretion in barring her expert’s testimony. OPINION HOLDS: Because the expert’s specialized knowledge, if admitted, would not help the jury understand the evidence or decide a fact in issue, we find the court did not abuse its discretion in excluding Farley’s expert testimony. DISSENT ASSERTS: Because liability was determined without the benefit of the expert’s’s timely disclosed and relevant testimony on the Schultzes’ negligence and liability, and because such was critical to Farley’s case and thus prejudiced her, I respectfully dissent.
