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Case No. 17-1469

For summaries from opinions prior to August, 2018, view PDF versions here

State Farm Insurance
v.
Christine Warth, as parent of Z.W. and Z.W., a minor child

Appellee

State Farm Insurance

Appellant

Christine Warth, as parent of Z.W. and Z.W., a minor child

Attorneys for Appellee

Jeremy L. Merrill

Attorneys for Appellant

Randy J. Wilharber and Clarissa A. Bierstedt

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1469
Date Published:
Sep 26, 2018
Summary

           Appeal from the Iowa District Court for Des Moines County, Shawn R. Showers, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J.  (11 pages)

           Christine Warth appeals the district court’s award of damages to State Farm Insurance stemming from a car accident.  OPINION HOLDS: We find the exhibits relied upon by the district court in its damage calculation contained inadmissible hearsay and did not fit within the business-records or residual exceptions.  We reverse the damage award and remand for further proceedings.

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