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Case No. 18-2077

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

Triston Randall Estate v. Quentin Ray Ary Estate

Troy Randall, Individually and as administrator of the Estate of Triston Randall and The Estate of Triston Randall, Plaintiffs-Appellees/Cross-Appellants

vs.

Dennis Ary and Sandra Ary, Co-Administrators of the Estate of Quentin Ray Ary; and The Estate of Quentin Ray Ary, Defendants-Appellants/Cross-Appellees

and

Jack Youde and Van-Hoff Trucking, Inc., Defendants

Attorney for Appellants

Joel T.S. Greer

Attorney for Appellees

Vernon P. Squires and Jeremiah D. Junker

Attorney for Defendants

Kimberly S. Bartosh (until withdrawal), Stephen E. Doohen, and Zachary J. Hermsen

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2077
Date Published:
Apr 01, 2020
Summary

      Appeal from the Iowa District Court for Benton County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Ahlers, JJ.  Greer, J., takes no part.  Opinion by Doyle, J.  (6 pages)

            Parties to a wrongful death lawsuit appeal the order granting a new trial on damages.  OPINION HOLDS: Because there is a reasonable probability that juror misconduct influenced the verdict relating to damages, the trial court acted within its discretion in granting a new trial on that issue.  But there is no basis for finding the award itself was inadequate, so an order for additur is unwarranted. 

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