For summaries from opinions prior to August, 2018, view PDF versions here.
Heather Ceaser and Brett Zach
v.
Marshalltown Medical and Surgical Center; Central Iowa Healthcare; and Central Iowa Healthcare f/k/a Marshalltown Medical and Surgical Center
Appellant
Heather Ceaser and Brett Zach
Appellee
Marshalltown Medical and Surgical Center; Central Iowa Healthcare; and Central Iowa Healthcare f/k/a Marshalltown Medical and Surgical Center
Attorney for the Appellant
James K. Weston II and Hugh G. Albrecht
Attorney for the Appellee
Desiree A. Kilburg, Jennifer E. Rinden, and Vincent S. Geis
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Tama County, Mary E. Chicchelly, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by Doyle, J. (7 pages)
The plaintiffs appeal a defense verdict on their claim of medical malpractice. OPINION HOLDS: The trial court acted within its discretion in ruling evidence the plaintiffs sought to admit is inadmissible hearsay. The plaintiffs failed to provide a foundation to admit evidence of an alleged statement by an employee of the defendant. And a handwritten note in medical records documenting one plaintiff’s repetition of that statement is double hearsay, which the plaintiffs failed to show falls under an exception to the hearsay rule.
